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i
THE SITUATION OF ROMA IN AN
ENLARGED EUROPEAN UNION
Employment & social affairs
Fundamental rights and anti-discrimination
European Commission
Directorate-General for Employment and Social Affairs
Unit D3
Manuscript completed in 2004
A great deal of additional information on the European Union is available on the Internet.
It can be accessed through the Europa server (http://europa.eu.int).
Cataloguing data can be found at the end of this publication.
Luxembourg: Office for Official Publications of the European Communities, 2004
ISBN 92-894-8186-2
© European Communities, 2004
Reproduction is authorised provided the source is acknowledged.
Printed in the United Kingdom on white chlorine-free paper
ii
Disclaimer
This report has been prepared under a service contract with the Commission of the European Union. The
views expressed herein are those of the Consortium producing this report, and do not necessarily represent
any official view of the Commission and in particular the Directorate General for Employment and Social
Affairs, which commissioned the work.
The Consortium producing this report comprised Focus Consultancy Ltd., the European Roma Rights Cen-
ter, and the European Roma Information Office.
Production and graphic design
Focus Consultancy Ltd. (www.focus-consultancy.co.uk).
Photograph acknowledgements
Cover photograph: Miroslav Lacko, Slovakia. All other photographs by kind permission of the European
Roma Rights Centre, Budapest.
Acknowledgements
The Consortium members would like to thank those representatives of national authorities, NGOs and Roma
organisations that contributed to and commented on this report, and particularly those from the eleven
Member States and candidate countries selected for more detailed study. The country researchers who
worked in each of these Member States and candidate countries carried out a large volume of work in a
short period, for which the Consortium members are grateful. They would also like to thank those persons
who attended and contributed to the Conference on Roma in an Enlarged EU, held in Brussels in April 2004
and financed by the European Commission, which contributed significantly to the development of ideas and
proposals. Finally, they would like to acknowledge the commitment, comments and contributions made by
various employees of the European Commission, and particularly those of the Directorate General for
Employment and Social Affairs. Despite all the above contributions, the Consortium members remain
responsible for any errors or misunderstandings reflected in this report.
Europe Direct is a service to help you find answers to yourquestions about the European Union
Freephone number:
00 800 6 7 8 9 10 11
FOCUS CONSULTANCY
EXECUTIVE SUMMARY 1
1. Introduction 5
2. Roma in Europe: A Brief History 7
3. The European Policy Framework 11
Expanding anti-discrimination norms in Europe ..................................................................................11
EU social inclusion policy framework ..................................................................................................12
Human rights monitoring ......................................................................................................................13
European employment strategy ............................................................................................................13
EU Structural Funds ..............................................................................................................................14
Other EU policies and programmes......................................................................................................15
EU enlargement and the rise of Roma as an area of EU policy concern ............................................15
Other European legal and policy frameworks ......................................................................................16
4. Roma in Key Sectoral Fields 17
Education ..............................................................................................................................................17
Employment ..........................................................................................................................................22
Housing..................................................................................................................................................25
Healthcare..............................................................................................................................................26
Disparate environmental impact: Housing and health ........................................................................30
Social security, incomes and debt ........................................................................................................30
Lack of personal documents and statelessness ..................................................................................31
Gender aspects of the situation of Roma ............................................................................................33
Policies addressing Traveller communities and individuals ..................................................................35
5. Policy Challenges 37
Minority recognition ..............................................................................................................................37
Lack of statistical data on Roma ..........................................................................................................37
Inadequacy of policy response..............................................................................................................39
Capacity and will at local level ..............................................................................................................40
Policies detrimental to the poor generally ............................................................................................41
Roma and regional development ..........................................................................................................42
Non-member states ..............................................................................................................................42
Migrants and refugees ..........................................................................................................................43
Inaccessibility of funding ......................................................................................................................44
The Need for an EU Roma Integration Directive ..................................................................................44
iii
TABLE OF CONTENTS
The Situation of Roma in an Enlarged European Union
6. Conclusions, Recommendations, Ways Forward 46
EU level recommendations ..................................................................................................................46
Member State-level recommendations ................................................................................................50
Civil society recommendations ............................................................................................................51
7. Selected Bibliography 53
iv
The Situation of Roma in an Enlarged European Union
BACKGROUND AND APPROACH
1. This study was commissioned by the Directorate
General for Employment and Social Affairs of the
European Commission. Its purpose has been to bet-
ter understand the situation of Roma, Gypsy and
Traveller1 communities in the EU-25 and in what way
existing and future EU and other policies might
improve that situation. The research was commis-
sioned in the context of enlargement, when Roma,
Gypsy and Traveller communities became the
largest ethnic minority within the EU, and of a failure
of existing policies within both the EU-15 (the “old”
Member States) and the new Member States to
address adequately discrimination against these
communities and to promote their social inclusion.
As well as stressing the existing situation of Roma,
Gypsy and Traveller communities across Europe,
therefore, this report also makes a number of rec-
ommendations for EU institutions, Member State
governments and civil society organisations, includ-
ing Roma organisations.
2. The consortium carrying out the study has
liaised with European Commission services
throughout the course of the study. The work of the
consortium has involved both the execution of a
standardised piece of research in 11 Member
States and 2004 candidate countries2 and the desk
study of existing materials, supported by visits to a
limited number of countries and projects designed
to address Roma issues.
3. Moreover, the European Commission financed
a major conference on the Situation of Roma in an
Enlarged EU in April 2004, held in Brussels and
attended by some 140 Roma activists, Member
State and candidate countries’ government and
NGO representatives, and EU and other internation-
al organisation officials. Finally, a comprehensive
consultation with Roma organisations was under-
taken by the European Roma Information Office
(ERIO), a consortium member, and the opportunity
was given to Member State governments to make
contributions to the draft report.
FINDINGS
4. Following sections on the history of Roma in
Europe and the policy context, the main body of the
report investigates the situation of Roma in a num-
ber of sectoral fields relevant to social inclusion. It
also examines a number of cross-cutting themes
including social protection, documentation, gender
and Traveller issues. The findings make reference to
examples in Member States or candidate countries,
but the research points to a common situation
across all or most Member States and candidate
countries and examples are used for illustrative pur-
poses rather than to expose practices within individ-
ual countries.
EDUCATION
5. The Lisbon European Council has set a number of
targets in relation to education and training for
achievement by 2010, linked in particular to the
generation of a knowledge-based society and the
increase of EU employment rates. These are
ambitious targets and their linkage to employment
rather than to social justice has meant that there is
currently little analysis of the impact of education
policies on ethnic minority groups, and specifically
on Roma. Although some Member States do
monitor educational achievement by ethnic group,
this is not yet common and achievement among
Roma, Gypsy and Traveller communities is currently
very low across the EU-25. This is due in large part to
the segregation of Romani and majority population
1
EXECUTIVE SUMMARY
The Situation of Roma in an Enlarged European Union
1 The term Traveller reflects the nomenclature adopted by various groups commonly thought of as being linked to Gypsy com-
munities, whether or not they are or were nomadic. The term is used particularly in Ireland and the UK.
2 Bulgaria, Czech Republic, France, Greece, Hungary, Ireland, Poland, Romania, Slovakia, Spain and the UK
children, and the failure to provide adequately for
Traveller children. Where Roma children are included
within mainstream schools, these are often poorly
provided for, or become “ghettoised”.
6. Member State lifelong learning strategies do
not, in large part, identify the need for particular atten-
tion to the education of Roma, Gypsy and Traveller
children, and although a number of European Social
Fund (ESF) projects and the Community Action Pro-
gramme in the field of education and vocational train-
ing (Socrates and Leonardo Da Vinci programmes)
have addressed Roma issues, these have been, by
their demand-driven nature, largely ad-hoc initiatives.
EMPLOYMENT
7. The EU Employment Strategy (EES) is the princi-
pal driver for the achievement of the employment
goals set by the EU. Gender is specified as a prior-
ity issue within the strategy, but race and ethnicity
have not received the same level of attention,
despite evidence that racial and ethnic discrimina-
tion exist within the employment market, particular-
ly in respect of Roma communities. The Race
Directive3 and the Framework Employment Direc-
tive4 of 2000, which should by now have been trans-
posed into law in all Member States, do, however,
prohibit discrimination in the labour market (among
other fields) on the grounds of race and ethnicity.
8. Few old Member States identify Roma, Gypsy
and Traveller communities as targeted groups within
National Action Plans on employment. This is
despite the fact that unemployment rates among
these groups continue to be as high as 80% in some
new Member States. The European Union’s EQUAL
initiative, which tests new approaches to anti-dis-
crimination and inclusiveness within the labour mar-
ket, has financed around 45 projects in the first
round, 2000-2004, where Roma communities were
among the beneficiaries. Again, as these are
demand driven, Roma issues have often not been
addressed systematically. As employment is often
the key to poverty eradication and further social
inclusion, and as Roma unemployment remains
high, national and EU programmes have yet to make
any widespread impact, even if examples of good
practice do exist.
HOUSINGX
9. Housing is less developed as an area of EU policy
and is ineligible for financing under the European
Regional Development Fund (ERDF), although the EU
Race Directive bans discrimination in housing provi-
sion on the basis of race or ethnicity. The Phare pro-
gramme has provided financing for infrastructure
initiatives in Central and Eastern Europe. Neverthe-
less, throughout Europe Roma, Gypsy and Travellers
live in sub-standard accommodation characterised by
a “ghettoisation”, inadequate infrastructure and serv-
ices, segregation from other settlements, a high inci-
dence of disease and the threat of eviction. Provision
for Travellers is often non-existent or inadequate.
10. Examples of good practice point to the need
for Roma involvement at all stages of planning and
execution, the need for desegregation and the link-
age of housing and infrastructure initiatives to com-
plementary programmes in the area of employment
generation.
HEALTHCARE
11. Racial and ethnic discrimination in the provision
of healthcare is explicitly prohibited in the EU Race
Directive and the EU Directorate General of Public
Health finances a modest Community Action Pro-
gramme in the field of public health. It is also in the
process of developing common health indicators
and acknowledges that “socio-economic determi-
nants, including minority and migrant populations”5
are important in contributing to health status.
Poverty and poor levels of accommodation among
Romani communities, allied to persistent discrimi-
nation in the provision of health services, have led to
high levels of communicable disease such as tuber-
culosis and hepatitis, and there is strong evidence
of reduced life expectancies among all Roma, Gyp-
sies and Travellers. More needs to be done to gen-
erate reliable indicators of disease incidence and
access to health care systems among minority
groups, including Romani groups.
2
The Situation of Roma in an Enlarged European Union
3 Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic ori-
gin (published in OJ L180 of 19 July 2000).
4 Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (published
in OJ L303 of 2 December 2000).
5 See <http://www.europa.eu.int/comm/health> for more detail.
CROSS-CUTTING ISSUESL
12. Social protection systems across Europe often
allow Romani individuals to slip through the safety
net, either deliberately or through neglect. There is
evidence that discriminatory measures are applied
to Romani applicants for social welfare support,
while particular difficulties face Travellers. A com-
mon problem throughout Europe is the lack of
appropriate documentation among Roma, Gypsies
and Travellers, including, but not confined to, birth
and marriage certificates, residence permits and
identification documents. This has led to severe
problems in accessing social services, and in some
cases has even led to the phenomenon of stateless-
ness. In respect of gender, many Romani women
face double discrimination and correspondingly low
levels of access to health, education and other serv-
ices. Given the role of women in shaping the educa-
tion of their children, this situation is particularly
worrying.
CONCLUSIONS AND RECOMMENDATIONS
13. EU level. Given the failure of previous and exist-
ing policies to remove or significantly reduce dis-
crimination against Roma, Gypsies and Travellers,
and to promote their social inclusion, the EU must
take the lead in targeting these groups within exist-
ing and new policies. It is recommended that the
European Commission should establish a coordina-
tion structure on Roma issues to ensure the
improved coherence and efficacy of its policies. In
the event that the European Union accepts the pro-
posal of the EU Network of Experts in Fundamental
Human Rights to adopt a Roma Integration Direc-
tive, using Article 13 of the Amsterdam Treaty as a
legal basis, then the coordination structure should
be linked to the execution and promotion of the
Directive. The European Commission should also
seek to play a more active role within existing Roma
initiatives launched by the Council of Europe, the
OSCE and others, and investigate what role it can
play in improving coordination among such bodies.
14. The EU should continue to provide guidance
to Member States on the collection of data on
aspects of race and ethnicity of relevance to social
inclusion. The European Commission is financing
research into data collection practices elsewhere in
the world, has established a Working Group on eth-
nic data collection and will finance a conference on
the issue at the end of 2004.
15. The European Commission should continue
its efforts to monitor the transposition of the Race
Equality Directive and the Framework Employment
Directive into Member State laws, and take action
against any state not complying with this request
within a reasonable time period.
16. The social inclusion of Roma should be a focus
of policy of the EU, which should guide Member States
in the specification of Roma, Gypsies and Travellers in
National Action Plans covering social inclusion, life-
long learning and employment, and provide guidance
on the definition of appropriate social inclusion indica-
tors. Financing instruments, including the European
Social Fund, the European Regional Development Fund
and Community Action Programmes in public health,
employment and social affairs, should give explicit
recognition of the situation of Roma in their application
guidelines. Guidelines should be presented in a way
that encourages the involvement of Roma NGOs, and
where appropriate a proportion of funding might be
made available for the strengthening of Roma organisa-
tions wishing to participate in calls for proposals.
17. The EU should approach the improvement of
the situation of Roma through both mainstreaming
and specific measures and financial allocations,
ensure that it involves Roma representatives in pol-
icy formulation and monitoring, strengthen its
human rights monitoring and publicise the anti-
Romani racism. Finally, it should recognise that the
situation of Roma within the EU is related to their
situation in neighbouring states, and that the EU
financed external relations programmes in the appli-
cant countries, the Western Balkans and the former
Soviet Union address issues of discrimination and
persecution against Roma.
18. Member state level. As not all Member States
accept Roma, Gypsies and Travellers as distinct eth-
nic minorities, their recognition as such represents an
essential first step to the removal of discrimination
and the promotion of social inclusion. Moreover,
anti-discrimination laws in Member States need to
reflect the Race Equality Directive and the Framework
Employment Directive, and full transposition is
urgent. Vigilance is also required to ensure that
Member States ratify Protocol 12 to the European
Convention on Human Rights.
19. In collaboration with the relevant services of
the European Commission, Member States need to
develop methods of ethnic data collection in order
to monitor the effects of their policies on ethnic
3
The Situation of Roma in an Enlarged European Union
minorities, and to take corrective action as required.
Member State National Action Plans need to explic-
itly recognise the situation of Roma where appropri-
ate, and Member States need to proof all policies
for their potential effects on ethnic minorities, and
on Roma, Gypsies and Travellers in particular.
20. National Action Plans for social inclusion
need to recognise explicitly the need for specific
measures on Roma, Gypsies and Travellers, and to
move away from targeting Roma through a frag-
mented collection of individual projects. Instead,
Member States need to adopt an approach that, in
a coherent manner, promotes the social inclusion of
Roma within existing policies.
21. Finally, Member States can assist in the consis-
tent and fair treatment of migrants by signing up to
the conventions drawn up by the Council of Europe
and the United Nations, compliance with which would
improve the situation of Roma who are migrants.
22. Civil society level. Roma organisations have
a role to play in advancing their own welfare by par-
ticipating in societies to the extent they are able,
and contributing to the removal of prejudices and
stereotypes. They should consider participating in
single-issue lobby groups, which might then recog-
nise more clearly the disadvantaged position of
Roma, and should move towards the consolidation
of differing views between various Roma, Gypsy
and Traveller groups into a single, majority voice,
with the objective of presenting policy-makers with
clear and unambiguous proposals.
23. Roma, Gypsy and Traveller organisations
should also involve themselves in efforts to pro-
mote ethnic monitoring as a means to identifying
problems, arguing for targeted policies and pro-
grammes, monitoring action and evaluating impact.
Once they are convinced that national or internation-
al authorities do not have any other, discriminatory,
objective in collecting data, then they should also
become involved in awareness raising among Roma
as to the value of data collection on social inclusion
measures by ethnic group.
24. Finally, existing European NGOs and their
networks involved in human rights, anti-discrimina-
tion and social inclusion issues should consider the
situation of Roma in an enlarged EU and act to
include Roma representatives and members in their
organisations, in order to ensure that the present
degree of social exclusion and discrimination is
brought to an end.
4
The Situation of Roma in an Enlarged European Union
1. The Directorate General for Employment and
Social Affairs of the European Commission contract-
ed the production of this report. The study was fund-
ed through the Community Action Programme to
combat discrimination and social exclusion, was car-
ried out over a period of 10 months, beginning in
November 2003, and was based on extensive
research in eleven countries. The execution of the
study was also facilitated by the holding of a Confer-
ence on the situation of Roma in an enlarged EU in
Brussels in April 2004, at which representatives of
Roma organisations and other interested parties
made valuable contributions to policy discussions.
The main focus of the report is to identify and high-
light the implications of enlargement for the Euro-
pean Union’s policies on anti-discrimination and
social inclusion in relation to Roma. Chapter 1 intro-
duces the approach to study execution, Chapter 2
presents a brief history of Roma within Europe and
Chapter 3 outlines the relevant policy frameworks
within Europe. Chapter 4 details the situation of
Roma in a number of key sectoral fields and Chapter
5 deals with the policy challenges that are raised by
the situation of Roma in Europe. Conclusions and
recommendations are presented in Chapter 6, and a
bibliography provides for further reading. Four exam-
ples of good practice are presented in text boxes.
Whilst there are a number of promising new initia-
tives taking place at present, there are nevertheless
a limited number of proven examples of good prac-
tice that may be confidently cited for replication.
2. The countries selected for particular study
included a number of “old Member States” – i.e.,
the 15 Member States pre-May 2004 -- as well as
“new Member States”, which joined the European
Union in May 2004. Research was also carried out in
Bulgaria and Romania, both applicants to join the
EU in 2007. Targeted research was thus undertaken
in Bulgaria, Czech Republic, France, Greece, Hun-
gary, Ireland, Poland, Romania, Slovakia, Spain and
the United Kingdom.6 It is acknowledged, however,
that the issues raised in relation to the situation of
Roma in these countries are, to a large extent, com-
mon to almost all Member States.
3. Research has examined and explored in par-
ticular the nature of discrimination against Roma,
identified the factors militating against their social
inclusion, and described policies and practices that
demonstrate good and best practice. Researchers
have identified and compiled existing data on the
situation of Roma in sectoral fields of relevance to
EU social inclusion policy, and sought to identify
areas in which such data may be missing. The find-
ings have attempted to assess the current situation
in relation to the existing EU and domestic govern-
ment policies on anti-discrimination and social inclu-
sion, with appropriate policy recommendations.
4. For the purposes of this report, the terms "Roma"
and "Roma and other groups perceived as 'Gypsies'"
include persons describing themselves as Roma,
Gypsies, Travellers, Manouches, Sinti, as well as other
terms. It is to be noted, however, that general use of
the term Roma is in no way intended to downplay or
ignore the great diversity within the many different
Romani groups and related communities, nor is it
intended to promote stereotypes. Diversity within the
Romani communities is, as with all communities,
complex and multi-dimensional and involves
differences of language and dialect, history, culture,
religion7 and social class, and educational and
5
1. INTRODUCTION
The Situation of Roma in an Enlarged European Union
6 Individual country researchers in the named countries have applied a standardised methodology, designed in consultation with
the Commission, so as to ensure (i) maximum reliability, (ii) maximum insulation from arbitrary and/or subjective influence and
(iii) maximum comparability across data pools. Researchers have also sought a high degree of consultation with government
officials, experts and members of civil society.
7 Roma in Europe tend to belong either to one of the Christian churches or (predominantly in the southern Balkans) to be Muslim.
occupational status. Some communities and
individuals covered in this study are nomadic by
culture, while others are sedentary.
5. This study uses the term "Roma" as the plural
noun form, as well as to name the group as a whole,
and "Romani" as the adjective, in line with emerging
and converging uses. "Romani" is also used for the pur-
poses of this report as the name of the Romani lan-
guage. At a number of points in this study, the term
"Roma" or "Romani" is used as shorthand for the broad
umbrella of groups and individuals. In no way should
this choice of terminology be taken as an endorse-
ment of approaches aimed at homogenising Roma
and other groups perceived as "Gypsies" in Europe or
at eliminating the rich diversity among Roma, Gypsies,
Travellers and other groups perceived as "Gypsies".
6. The Romani language is spoken by millions of
Europeans, making it one of the principal minority lan-
guages of Europe. Romani is an Indic language, close-
ly related to modern Hindi, which developed in the
European diaspora under the influence of a number of
other languages, most notably Byzantine Greek. There
are many dialects of Romani8 and although in the past
there have been efforts to deny the legitimacy of
Romani as a language, with some scholars classifying
it as a form of jargon, there is now broad consensus
among linguists as to the wealth and unity of the
Romani language. In addition, some Romani groups
speak other minority languages, some of which are
particular to Roma and other groups perceived as
"Gypsies". For example, a large number of Roma in
Hungary are native speakers of Beash, an archaic
form of Romanian. Many Travellers in the United King-
dom and Ireland speak Gammon, sometimes referred
to as "Cant", a language with many Romani loan-
words, but not thought to be a dialect of Romani itself.
Other non-majority languages spoken by Roma in
Europe include Jenisch and Kalo.
7. Although precise figures are unavailable,
there are possibly over ten million Roma in Europe
as a whole, a population many times the size of the
total population of a number of European Union
Member States. The best estimates9 of numbers of
Roma in the 11 Member States and candidate
countries studied for this report indicate a range of
between 2.7m and 5.6m. Around one and a half mil-
lion Roma joined the European Union when the ten
new Member States acceded to the Union in May
2004. Roma are the European Union’s largest
minority ethnic community.
8. Since the end of Communism in the former
Soviet Union and the fall of COMECON, issues fac-
ing Roma have come to be viewed as among
Europe's most pressing human rights and social
inclusion priorities. During this period of enlarge-
ment of the European Union, the situation of Roma
has repeatedly been stressed as an area in which
the governments of new Member States must
focus policy attention. It had been noted that the sit-
uation of Roma in many accession and candidate
countries for the European Union raised issues
under the so-called “Copenhagen Criteria”, which
set standards for countries wishing to join the EU.
Among the Copenhagen Political Criteria is the
requirement of "stability of institutions guaranteeing
democracy, the rule of law, human rights and
respect for, and protection of, minorities".
9. However, numerous assessments of the situa-
tion of Roma in both new and old Member States
clearly illustrate that members of these communities
continue to experience marked discrimination and
social exclusion, and to encounter difficulties in gain-
ing unhindered and equal access to employment,
education, social security, healthcare, housing, other
public services and justice. The assessments also
show that many Romani communities are uniquely
exposed to the forces of social exclusion.
10. The further development of anti-discrimina-
tion and social inclusion policies at the EU level and
in Member States will, therefore, now need to take
account of the particular needs of this group. These
developments will benefit from, and in a more fun-
damental way than hitherto need to build on, cur-
rent structures, programmes and instruments,
among which there are a number of examples of
good practice in regard to the successful integration
of Roma communities. There is considerable scope
for the purposeful exchange of these experiences,
which stem from work aimed at anti-discrimination
and social inclusion, as described later in this report.
6
The Situation of Roma in an Enlarged European Union
8 On the Romani language, see especially Matras, Yaron, Romani: A Linguistic Introduction, Cambridge: Cambridge University
Press, 2002, as well as, Bakker, Peter and Hristo Kyuchukov (ed), What is the Romani language? Hatfield: University of Hertford-
shire Press, Interface Collection, 2000.
9 Official and unofficial estimates are open to interpretation and dispute, and no consensus figures exist.
1. The current situation of Roma in Europe cannot be
fully understood without an understanding of the
history of the treatment of Roma in Europe. The his-
tory of Roma is not well documented, mainly due to
the fact that Roma have left behind few written
records related to their communal existence.
Although the historical origins of Roma have at times
been in dispute, it is now largely a matter of consen-
sus -- particularly on the strength of linguistic evi-
dence -- that the Romani people are descended from
groups who left the Indian sub-continent towards
the end of the first millenium C.E. Romani groups
were noted in the European part of the Byzantine
Empire by the eleventh century and probably
entered Spain from North Africa at around the same
time. Areas located in what is today southern Greece
were noted as centres of Romani settlement in the
fourteenth and fifteenth centuries and it is thought
that Roma lived throughout the Balkans by that time.
2. Following a period of relative tolerance in the
late Middle Ages, Roma were subjected to the first of
a series of episodes of persecution in Europe. There
is some consensus among historians that, prior to its
long decline and the episodes of repression accom-
panying it, the Ottoman Empire was a more tolerant
realm than Christian pre-Enlightenment Europe gen-
erally,10 and that this tolerance extended to Roma11.
The relatively higher numbers of Roma in areas of
Europe today, which formerly comprised Ottoman
possessions, would seem to bear out this con-
tention, although Ottoman authorities as a matter of
policy discriminated against non-Muslims, and even
within the Muslim community Roma appear to have
been particularly discriminated against.12
3. Within the Ottoman Empire, Roma would
seem to have fared worst in areas of the Empire con-
sidered relative backwaters, such as in areas today
located in Romania, where local landowners and
clergy enslaved Roma. Professor of Romani Studies
Dr. Thomas Acton has commented of Romani histo-
ry in Europe in the 16th and 17th centuries: "When
Romani people from Eastern Europe meet Romani
people from North-Western Europe today, it is the
descendents of the survivors of slavery meeting the
descendents of the survivors of genocide."
4. The Enlightenment brought with it a series of
new approaches toward Roma. In the mid-18th cen-
tury, the first in a series of efforts was undertaken
attempting to compel Roma to conform to the norms
of the wider society. It is unclear to what extent these
early orders were even obeyed at a local level, but in
the subsequent two centuries Roma have frequently
been removed from their families by force and placed
with non-Romani families, or placed in institutions, in
an effort to rid them of what have been perceived as
deviant traits, and to end the common existence of
the ethnic group itself. The development of modern
police practices brought with it the development of
ideas of "Gypsy crime", and with it, comprehensive
police registers of Roma.13
5. Roma were targeted for race-based persecu-
tion during the Hitler regime in Germany, 1933-1945,
7
2. ROMA IN EUROPE: A BRIEF HISTORY
The Situation of Roma in an Enlarged European Union
10 Comparative study of tolerance in Ottoman and Christian rule has been particularly extensively examined with respect to Jews.
On this subject, see especially, Cohen, Mark R. Under Crescent and Cross: The Jews in the Middle Ages. Princeton: Princeton
University Press, 1994.
11 In 1604 for instance, a decree from Istanbul referring to both Christian and Muslim Roma ordered officers of the Empire not to
“let (anyone) harass the race in question.”
12 On Roma in the Ottoman Empire generally, see Marushiakova, Elena and Popov, Vesselin. The Gypsies in the Ottoman Empire.
Hatfield: University of Hertfordshire Press, 2001.
13 See for example Lucassen, Leo, Zigeuner: Die Geschichte eines polizeilichen Ordnungsbegriffes in Deutschland 1700-1945,
Köln: Böhlau Verlag, 1996.
and in Nazi-occupied countries. In a number of
countries, the Romani Holocaust -- referred to by
some as the "Porraimos" -- was implemented by
both German authorities as well as by local officials.
In some countries it was implemented by the
armies of governments collaborating with the Ger-
man-led effort to reshape the demography of
Europe whilst in others the Romani Holocaust was
implemented without German prompting. In a num-
ber of areas, such as on the territory of today's
Czech Republic, most of the Romani community
was killed during the war, either by being interned at
German-run death camps, or by being incarcerated
in domestically administered internment camps.
6. In the post-war period in Central and Eastern
Europe, efforts to forcibly settle Roma, and to end
what were seen as anti-social traits, were redoubled.
The governments of Poland and Czechoslovakia, for
example, undertook extensive efforts to end
nomadism among Roma, and to convert Roma to a
homogenised "proletariat". Intense assimilation
efforts under state socialism produced both some of
the first generations of Roma in the elite, as well as
further high numbers of Roma in state institutions,
removed from their families. Its official discourse
notwithstanding, post-war state socialism did not
succeed in eradicating racism. Some governments
undertook policies of coercive sterilisation of Romani
women, and schooling in many countries became
segregated.
7. The early post-World War II history of Roma in
Western Europe appears remarkably similar to that in
Central and Eastern Europe. In Norway, Sweden and
Switzerland, for example, concerted efforts were
undertaken to end the communal existence of Roma
and related groups through measures including
forced sterilisation of both men and women, as well
as through the systemic removal of Romani children
from families and their placement in state care. In
recent years, the Swedish and Swiss governments
8
The Situation of Roma in an Enlarged European Union
have undertaken and made public comprehensive
studies of the issue, and Sweden has made available
compensation for victims. The impact of these poli-
cies continues to be felt today, however, and Roma
as a group still suffer extensive trauma as a result.
8. The post-1989 era in Europe has seen an out-
break of intense anti-Romani sentiment in both
Eastern and Western Europe. In Eastern Europe,
governments in some countries blamed Roma col-
lectively for a breakdown in public order or for fears
that a breakdown in public order was imminent.
Systematic persecution of Roma took place in coun-
tries including Albania, Bulgaria, Germany, Hungary,
Poland, Romania, Russia, Slovakia, Ukraine and
Yugoslavia. Racist movements have also arisen and
targeted Roma for attack. In some countries, such
as in the Czech Republic and Slovakia, violence
against Roma remains at alarming levels. In general,
criminal justice authorities have reacted inadequate-
ly to the dramatic rise in racially motivated violent
crime and public officials have failed, or been slow,
to condemn anti-Romani violence.
9. In Western Europe, anti-Romani sentiment
has frequently broken out following the arrival of
Roma from Eastern Europe. Belgium, Finland,
France, Germany, Ireland, Italy, the Netherlands,
Norway, Spain, Switzerland and the United Kingdom
have all featured episodes of public panic, fuelled
by alarmist media reports of "Gypsy invasions" and
similar. These measures have frequently been fol-
lowed by racially discriminatory measures by public
authorities, often including collective expulsions.14
10. In 1999, the Romani community of Europe
suffered the worst catastrophe it has endured since
World War II when, following the end of NATO mili-
tary action in the Federal Republic of Yugoslavia and
the withdrawal of Yugoslav forces from Kosovo, eth-
nic Albanians undertook a campaign of ethnic
cleansing against Roma and other persons per-
ceived to be "Gypsies". Despite four years of UN
administration in Kosovo, violence, including period-
ic grenade attacks and the regular destruction of
property, has continued. Today, an estimated four
fifths of the pre-bombing Romani population of
Kosovo (probably around 120,000 persons) is dis-
placed within Kosovo and in rump Serbia and Mon-
tenegro, or is in exile in countries bordering Kosovo
or in the West. Most live in extremely poor condi-
tions, whilst their arrival in EU states has raised
important issues surrounding asylum and immigra-
tion, dealt with later in this report.
11. In the face of a history of discrimination and
persecution, and despite centuries in Europe with-
out any visible autochthonous institutions, Roma
have maintained a distinct identity. Communal soli-
darity is frequently affirmed and reinforced by close
extended family bonds. Family celebrations feature
prominently in social priorities. Cultural traditions
are respected and adhered to diligently, and may
include pollution taboos and, in some communities,
autonomous systems of individual and community
justice. Pollution taboos are traditional within many
cultures but are also frequently associated with the
development of strategies by marginalised groups
to maintain identity against the forces of oppression
and/or cultural assimilation. As Judith Okely says,
“One way of remaining different is by pollution
beliefs which both express and reinforce an ethnic
boundary. The Gypsies’ beliefs not only classify the
Gorgio (non-Roma) as polluting, but also offer the
means to retain an inner purity. If certain observanc-
es are maintained, the Gypsies can enter Gorgio ter-
ritory unscathed”.15
12. The Romani population in Europe today is
estimated at around ten million people, although
some observers put the figures even higher at
twelve million. Precise demographic data is not,
however, available due in large part to the stigma
associated with the Romani identity and the reluc-
tance of many Roma to identify themselves as such
for official purposes, and the refusal of many gov-
ernments to include Roma as a legitimate category
for census purposes. Despite demographic uncer-
tainties, there is little doubt that the total number of
Roma in Europe is many times greater than the total
population of a number of the Member States.
13. At present, anti-Romani sentiment is present
in most, if not all, European societies and is
extremely high in some countries.According to one
recent survey, 79% of Czechs would not want Roma
9
The Situation of Roma in an Enlarged European Union
14 For example, Belgium has recently been found in violation of the European Convention of Human Rights in connection with the
collective expulsion of a group of Slovak Roma and Italy settled out of court when a similar finding, related to the collective
expulsion of a group of Bosnian Roma, appeared imminent.
15 Okely, Judith. Changing Cultures–The Traveller Gypsies, Cambridge University Press, Cambridge 1983, p.77.
as neighbours.16 A poll conducted in 1992 by the
Allensbach Demoscopic Institute indicated that
64% of Germans had an unfavourable opinion of
Roma - a higher percentage than for any other racial,
ethnic or religious group.17 A survey conducted in
1994 by the EMNID Institute indicated that some
68% of Germans did not wish to have Sinti and
Roma as neighbours.18 Mr. Trevor Phillips, the Chair
of the United Kingdom's Commission for Racial
Equality (CRE), recently stated, "As a Briton, I am
ashamed of the way we treat Gypsies and Trav-
ellers. Things need to change and they need to
change now".19
14. The treatment of Roma both in the European
Union and beyond its current borders has become a
litmus test of a humane society. The treatment of
Roma is today among the most pressing political,
social and human rights issues facing Europe.
10
The Situation of Roma in an Enlarged European Union
16 See Respekt, c. 1, Rocník XV, 29.12.2003-4.1.2004
17 Seventeen percent had an unfavourable opinion of Muslims; of Indians, 14%; of guest workers, 12%; of dark-skinned persons,
8% and of Jews, 7%. Cited in G. Margalit, Anti-Gypsyism in the Political Culture of the Federal Republic of Germany: A Parallel
with Anti-Semitism? Accessed on the web at http://sicsa.huji.ac.il/9gilad.htm.
18 Cited in D. Strauss, “Anti-Gypsyism in German Society and Literature” in Tebbutt, Susan, ed., Sinti and Roma: Gypsies in Ger-
man-Speaking Society and Literature, New York: Berghahn Books, 1998, p. 89.
19 Traveller Times, Issue 19, Spring 2004, p.1.
EXPANDING ANTI-DISCRIMINATION NORMS
IN EUROPE
1. Arguably the most fundamental change in the
Union relating to combating discrimination and
racism – including discrimination and racism against
Roma – has been the adoption of a series of anti-dis-
crimination directives, adopted pursuant to the
revised Article 13 of the Treaty Establishing the Euro-
pean Community (TEC) after its Treaty of Amsterdam
amendments.20 Directives are binding on all pre-2004
EU Member States21 and transposition has also been
required of new Member States and accession
states. Particularly significant for Roma is Directive
2000/43/EC "implementing the principle of equal
treatment between persons irrespective of racial or
ethnic origin" (the "Race Directive"). Although some
EU Member States had already implemented legisla-
tion banning racial discrimination prior to the adop-
tion of the Race Directive, many did not, and even
those countries with traditions of combating racial
discrimination through law, frequently had not
secured a ban on racial discrimination in all fields of
relevance to EU social inclusion policy.
2. The Race Directive introduced legal standards
throughout the Union aimed at ending differential
treatment based on the arbitrary criteria of race or
ethnicity. It provides details as to the scope and con-
tent of laws banning racial discrimination, and covers
a wide range of areas where discrimination against
Roma may take place - employment, training, educa-
tion, social protection, access to goods and services,
and housing. The Race Directive includes, among
other provisions, bans on both "direct" and "indirect"
discrimination,22 the requirement of legal remedies
for victims of racial discrimination through "judicial
and/or administrative procedures", for the enforce-
ment of anti-discrimination obligations "available to
all"23 and the provision that in cases in which com-
plainants "establish, before a court or other compe-
tent authority, facts from which it may be presumed
that there has been direct or indirect discrimination, it
shall be for the respondent to prove that there has
11
3. THE EUROPEAN POLICY FRAMEWORK
The Situation of Roma in an Enlarged European Union
20 The European Union adopted a number of legal measures which have significantly expanded the scope of anti-discrimination
law in Europe, notably three Directives: (i) Directive 2000/43/EC "implementing the principle of equal treatment between per-
sons irrespective of racial or ethnic origin" ("Race Directive") (ii) Directive 2000/78/EC "establishing a general framework for
equal treatment in employment and occupation" ("Employment Directive") and (iii) Directive 2002/73/EC "on the implementation
of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion,
and working conditions”. In addition to the Directives adopted under Article 13, a revised Article 29 of the TEC now gives police
and judicial authorities heightened powers to co-operate on matters related to, among other things, "preventing and combating
racism and xenophobia".
21 Where Member States have not transposed elements of similar directives in the past, the European Court of Justice has applied
the provision at issue directly.
22 For the purposes of the EU Directive, "direct discrimination" is defined as having occurred "where one person is treated less
favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin" (EU
Directive Art. 2(2)(a)), while "indirect discrimination" occurs "where an apparently neutral provision, criterion or practice would
put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criteri-
on or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary"
(EU Directive Art. 2(2)(b)). The full text of the European Union Race Directive is available on the Internet
at:http://europa.eu.int/comm/employment_social/fundamental_rights/legis/legln_en.htm
23 EU Race Directive Article 7(1).
24 EU Race Directive Article 8.
been no breach of the principle of equal treatment".24
The Race Directive also requires that domestic law
impose effective, proportionate and dissuasive sanc-
tions for violation of anti-discrimination norms. These
should include "the payment of compensation to the
victim".25
3. Deadlines for transposition of the Race Direc-
tive into domestic law were set for 2003 for old Mem-
ber States and the date of accession for new
Member States, and a number of states have adopt-
ed comprehensive anti-discrimination laws in efforts
to comply. Official assessments as to whether adopt-
ed laws fully comply with EU guidelines are not yet
available and it may be some time before it is clear
whether newly-adopted laws provide the comprehen-
sive protections envisaged. It is nevertheless evident
that the EU anti-discrimination directives, and in par-
ticular the Race Directive, constitute a quantum leap
in protections available to individuals from the
extreme harm of racial discrimination, and that these
protections may be of profound relevance for Roma.
4. Separately, the Union has also adopted a Com-
munity Action Programme to combat discrimination
(2000-2006), managed through the Directorate Gen-
eral for Employment and Social Affairs of the Euro-
pean Commission. The Programme is designed to
support and complement the implementation of the
Directives through the exchange of information and
experience and the dissemination of best practice.
The Programme promotes measures to combat dis-
crimination based on racial or ethnic origin, religion
or belief, disability, age or sexual orientation. The
2004 work programme of the Community Action
Programme defined eight priority areas for the estab-
lishment of transnational actions. One priority was
specifically targeted at Roma integration into educa-
tion and employment, and has lead to the selection
of four Roma-specific transnational partnerships and
actions for the preparatory phase in 2004, to be fol-
lowed by a 2-year implementation period.
EU SOCIAL INCLUSION POLICY FRAMEWORK
5. At the European Councils in Lisbon and Feira
2000, the decision was taken to modernise the
European Social Model, based on the strategy to
become “the most competitive and dynamic knowl-
edge-based economy in the world, capable of sus-
tainable economic growth with more and better
jobs and greater social cohesion”.
6. At the heart of the Lisbon agenda, as
approved, is the goal of "modernising the European
Social Model by investing in people and building an
active welfare state". This includes action in the
fields of:
• Education and training for living and working in
the knowledge society;
• More and better jobs for Europe: developing an
active employment policy;26
• Modernising social protection;
• Promoting social inclusion.
7. With regard to the latter, the heads of Member
States convening at the Lisbon Council concluded:
"The number of people living below the poverty line and in
social exclusion in the Union is unacceptable. … Policies
for combating social exclusion should be based on an
open method of coordination combining National Action
Plans and a Commission initiative for cooperation in this
field to be presented by June 2000.
"In particular, the European Council invites the Council and
the Commission to:
• promote a better understanding of social exclusion …
on the basis of commonly agreed indicators; the High
Level Working Party on Social Protection will be
involved in establishing these indicators;
• mainstream the promotion of inclusion in Member
States' employment, education and training, health
and housing policies, this being complemented at
Community level by action under the Structural Funds
within the present budgetary framework;
• develop priority actions addressed to specific target
groups (for example minority groups, children, the
elderly and the disabled), with Member States choos-
ing amongst those actions according to their particu-
lar situations and reporting subsequently on their
implementation."27
8. The Lisbon Council also approved a new "open
method of coordination" in the implementation of
12
The Situation of Roma in an Enlarged European Union
25 EU Race Directive Article 15.
26 This includes the target of "raising the employment rate from an average of 61% today to as close as possible to 70% by 2010"
and "increasing the number of women in employment from an average of 51% today to more than 60% by 2010."
27 Presidency Conclusions, Lisbon European Council, 23 and 24 March 2000, pts. 32 and 33.
EU social inclusion and related goals. According to
the Presidency Conclusions of the Lisbon Council
this involved:
• fixing guidelines for the Union combined with
specific timetables for achieving the goals which
they set in the short, medium and long terms;
• establishing, where appropriate, quantitative and
qualitative indicators and benchmarks against
the best in the world and tailored to the needs of
different Member States and sectors as a means
of comparing best practice;
• translating these European guidelines into
national and regional policies by setting specific
targets and adopting measures, taking into
account national and regional differences;
• periodic monitoring, evaluation and peer review
organised as mutual learning processes.28
9. In 2004, the European Commission launched a Call
for Proposals on “National Awareness Raising Actions
on Social Inclusion”, aimed particularly at those organ-
isations with an active interest in promoting the imple-
mentation of National Action Plans against poverty
and social exclusion, and Joint Inclusion Memoranda
on social inclusion, including national and local author-
ities, and NGOs. The proposals accepted for financing
are expected to start in the fourth quarter of 2004, and
are expected to have an impact on public awareness
of social inclusion issues.
HUMAN RIGHTS MONITORING
10. It is evident that the situation of Roma in some
countries approaches a human rights emergency.
The EU lacks an effective human rights enforce-
ment body, and the vacuum so created leaves many
individuals dangerously exposed to abuse. The
recent decision by the European Parliament to reject
the measure of post-accession monitoring with
respect to Slovakia highlights the need to redouble
efforts in this area.29 The EU should explore expand-
ing the powers of one or more bodies in order to
ensure effective compliance with common human
rights standards, such as those included in the EU
Charter on Fundamental Rights. Revisiting the man-
date of the European Union Monitoring Centre on
Racism and Xenophobia (EUMC), soon to be con-
verted into the EU Human Rights Agency, with a
view to expanding its powers beyond monitoring,
would be one possible mode for strengthening EU
human rights enforcement. A preparatory action in
the form of a Call for Proposals for the support of
new Member State NGOs promoting democracy
and human rights will be launched by the Direc-
torate General for Justice and Home Affairs in mid-
October 2004. It will be the first time that the EC has
a financial instrument addressing human rights
within the European Union.
EUROPEAN EMPLOYMENT STRATEGY
11. The European Employment Strategy (EES) was
launched at the Luxembourg Jobs Summit in 1997.
An interim evaluation in 2002 identified a number
of issues and challenges for the Strategy, and rec-
ommended that it be better aligned with the 2000
Lisbon European Council goals of sustained eco-
nomic development. The original EES goal of
reaching an overall 70% employment rate by 2010
was refined to bring in intermediate targets of 67%
overall employment by 2005, including 57%
employment for women, and 50% for older work-
ers by 2010. The intermediate goals will, however,
almost certainly not be met and those for 2010
look optimistic at present.
12. The EES is monitored through a set of annual
National Action Plans and an annual Joint
Employment Report, whilst the European Council
issues Employment Guidelines and, separately,
Recommendations to Member States on an annual
basis. The 2004 Guidelines point out the need for all
Member States to take action to “attract more
people into the labour market” and to “invest more
and more effectively in human capital”. Clearly,
although the situation of Roma is not identified in
the EES as a specific challenge, the numbers of
Roma, Gypsies and Travellers in Europe, and their
very low formal employment rate (see Chapter 4),
mandate that, if EES targets are to be met,
13
The Situation of Roma in an Enlarged European Union
28 Presidency Conclusions, Lisbon European Council, 23 and 24 March 2000, pt. 37.
29 See European Parliament, "Report on the comprehensive monitoring report of the European Commission on the state of prepared-
ness for EU membership of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slova-
kia (COM(2003) 675 - C5-0532/2003 - 2003/2201(INI))", A5-0111/2004. In debating the final version of the report, the European
Parliament was asked to consider, among other proposals, a Green Group proposal to undertake post-accession monitoring in
Slovakia, as a result of serious human rights concerns with respect to Roma in that country. The proposal was voted down.
particular attention should be given to their
integration into labour markets.
13. The 2004 Proposal for Recommendations,
for the approval of the European Council, do,
indeed, specifically raise the issue of Roma within
the labour market, making the following recommen-
dations to the Czech Republic and to Slovakia:
Czech Republic: “More efforts are needed to integrate
the most vulnerable groups in the labour market. This is
particularly needed in regions other than Prague and for
the Roma population.”
Slovakia: “The new priority given to integrating the Roma
population needs to be rapidly translated into action.”
14. It may be argued, however, that such recom-
mendations should apply to many or most Member
States, where unemployment rates among Roma,
Gypsies and Travellers are also high, but where the
issue has not been as publicly prominent as in the
Czech Republic and Slovakia.
EU STRUCTURAL FUNDS
15. Two components of the EU Structural Funds are
directly relevant to Roma populations: the Euro-
pean Regional Development Fund (ERDF) and the
European Social Fund (ESF). The ERDF is the prin-
cipal instrument of regional policy, is managed by
the Directorate General for Regional Policy and dis-
bursed €26.2bn during 2003. Member State gov-
ernments provide counterpart funding. The
Objective 1 funding window supports the develop-
ment of the least favoured regions, that is those
with a regional GDP of less than 75% of the EU
average, whilst the Objective 2 funding window
supports the conversion of regions facing structur-
al difficulties, often due to the decline of a key
industry. The ERDF Urban Fund is able to fund
urban regeneration in cooperation with national or
local authorities, and although it cannot currently
finance housing itself, it can support national
expenditure on housing through matching support
to complementary infrastructure.
16. The ERDF is not, however, a pure infrastruc-
ture fund as sometimes imagined. In fact, infra-
structure accounts for just 28% of expenditure com-
pared to 30% for human resource development and
42% for aid to productive sectors. The Fund may
therefore finance a number of activities of interest
to Romani populations, including basic infrastruc-
ture for Romani settlements, social inclusion meas-
ures and lifelong learning facilities.
17. The Cohesion Fund is a complementary
instrument designed for Member States whose
GDP is less than 90% of the EU average, and
although it has previously covered just Greece, Ire-
land, Portugal and Spain it will in the 2007-2013 peri-
od cover all 10 new Member States as well as
Greece and Portugal, and will finance multi-annual
programmes in the fields of transport and the envi-
ronment. The Instrument for Structural Policies for
Pre-Accession (ISPA) was utilised in the 10 new
Member States during the accession period, largely
to improve transport networks and facilities.
18. The European Social Fund finances activities
aimed at improving involvement in the labour mar-
ket, including streams on women’s participation,
lifelong learning, social inclusion, labour adaptability
and an active labour market. The Fund has already
been used to finance activities of relevance to
Roma, Gypsies and Travellers, including the Nation-
al Programme for the Spanish Roma Community
(ACCEDER), which “inter alia” established 47 spe-
cialist employment offices, serving 17,000 Roma
and resulting in the work placement of 10,000, and
supported 3,600 Roma through employment related
training programmes. The ESF provided €31.5m of
the €45m programme cost (see also Text Box 1).
19. The EQUAL Community Initiative is financed
by the ESF and seeks to test new approaches to
fighting discrimination and inequalities in the employ-
ment market, to disseminate good practice and to
ensure subsequent mainstreaming. A number of
projects aimed at the inclusion of minority ethnic
communities in the workplace have been financed
through “development partnerships”, including a
number aimed specifically at Romani communities
and a number that benefited Romani communities
among others.30
20. Planning for the 2007-2013 round of funding
for the ERDF, the ESF and the Cohesion Fund is
14
The Situation of Roma in an Enlarged European Union
30 For example, the German project “Roma und Sinti durch Selbstorganisation zu Beschäftigung und Existenzsicherung” and the
Spanish “Consorcio Palencia Social para el Desarrollo Local de Palencia”, both having budgets of €2m or more. The first is
geared directly to Romani populations, whilst the second was aimed at disadvantaged women, including Romani women.
currently taking place. It is anticipated that a total of
€336.3bn will be available in total for the EU-25, in
addition to counterpart funding provided by national
governments. This sum could make a very
significant difference to the situation of Roma,
Gypsies and Travellers in Europe as long as Member
States place a priority on this issue and commit
adequate counterpart funds.
OTHER EU POLICIES AND PROGRAMMES
21. Other Directorates General of the European
Commission currently have less ability to finance
measures that could directly or indirectly tackle the
effects of racism. Nevertheless, the Directorate
General for Public Health and Consumer Protection
does set a health strategy for the EU, which has the
scope to include elements relating to the health of
excluded communities, including the Roma com-
munity. The 2004 work programme of the 2003-
2008 Community Action Programme in public
health does recognise the possibility of using funds
to carry out work in the field of “health determi-
nants”, including socio-economic determinants
encompassing “minority and migrant populations”.
This aspect comprises a very small part of the
€60m annual budget for the co-financing of health
sector initiatives, however, and programme outputs
are as yet unclear.
22. The Directorate General of Education and
Culture has previously taken a particular interest in
Roma issues, having issued a number of docu-
ments on the subject, including the 1989 Resolution
“On School Provision for Gypsy and Traveller Chil-
dren”, but has yet to effect significant change with-
in Roma education through such documents or
through its Socrates II and Leonardo da Vinci Com-
munity Action Programmes. A limited number of
specific projects aimed at the establishment of
trans-national partnerships have produced success-
ful outcomes by way of developing and demonstrat-
ing good practice, developing innovative
approaches that have informed mainstream policy,
provision and practice, and publishing many influen-
tial research reports/books and teaching materials.
One such project, financed through the Socrates II
programme, led to the development of Parent Held
Educational Records for nomadic Gypsy and Trav-
eller pupils, which has subsequently been adopted
as policy by the Department for Education and Skills
(DfES) in England.
EU ENLARGEMENT ANDITHE RISE OF ROMA AS AN
AREA OF EU POLICY CONCERN
23. The May 2004 enlargement of the EU brings
important benefits to both old and new Member
States, but also poses significant challenges.
Specifically, the situation of Roma within new Mem-
ber States was, and remains, a cause for concern,
given the evidence of racism and discrimination in
employment, education and health care provision,
failures of the criminal justice systems in cases con-
cerning Roma and episodes of violence against
Roma. Apart from fundamental humanitarian and
human rights concerns, the situation in many new
Member States prior to accession pointed to the
possibility of failure to comply with the political cri-
teria for EU membership, as stated in the Copen-
hagen Criteria, agreed at the 1993 Copenhagen
European Council. This states that Member States
should “be a stable democracy, respecting human
rights, the rule of law and the protection of minori-
ties.” Failure to comply with the criteria would have
jeopardised enlargement at significant political cost.
24. In order to ensure movement towards the
criteria, the Commission submitted annual Regular
Reports toward Accession to the European Coun-
cil from 1998 to 2003. These reports did underline
the importance of dealing with human rights
issues concerning Roma,31 and supported national
Roma projects through the Phare programme. A
second impetus for addressing the situation of
Roma in Central and Eastern Europe was the flight
of Roma to Western Europe to claim asylum from
persecution. This movement provided a political
imperative in existing Member States to press for
improvements in the situation of Roma in Central
and Eastern Europe, and for measures to “combat
asylum abuse”.32
25. From 2001 to 2003 the Phare programme con-
tributed €77m to Roma projects in the then accession
and candidate states, covering a range of infrastruc-
ture, public awareness and sector-specific projects.33
Welcome though this contribution was, however, the
scale of the problem, and fact that many of the inter-
ventions were project specific, means that many
more resources need to be committed over a long
period of time in order to make a real impact.
26. Conclusions of recent assessment of Phare
programming on Roma include the observations that:
• Phare programmes clearly demonstrated that
existing policies and practices in Central and
15
The Situation of Roma in an Enlarged European Union
Eastern Europe were failing Roma. The overall lack
of vision and direction means there was no clear
underpinning policy direction or commitment.
• As an outcome of EU and other external pres-
sure, issues facing Roma have moved to a posi-
tion of higher priority. At the same time it has also
become much more political and partisan, and
the operational environment surrounding policy
making for Roma integration remains fragile.`
• In current systems there is a lack of capacity,
understanding and professional expertise to deal
effectively with the complex and multi-dimen-
sional nature of the problem. There is a vast gap
between the policy level, including proportional-
ity, and operational reality.
27. Research undertaken for this study indicates that in
a number of areas these conclusions are relevant for
Roma policy in many if not all of the Member States.
OTHER EUROPEAN LEGAL
AND POLICY FRAMEWORKSI
28. In 2000, the Council of Europe opened for signa-
ture a new Protocol 12 to the European Convention
on Human Rights. Once in effect -- after it has been
ratified by ten Council of Europe Member States --
Protocol 12 will provide a comprehensive ban on
discrimination in the exercise of any right secured
by law. Protocol 12 significantly expands the protec-
tions available to individuals under the European
Convention on Human Rights. To date, however,
only one European Union Member State (Cyprus)
has ratified Protocol 12.34
29. The Council of Europe's European Social
Charter, recently expanded to form the Revised
European Social Charter, in principle provides the
basis for significant protections of social and eco-
nomic rights. The inclusion of a collective com-
plaints mechanism now makes available procedures
through which violations of the Charter can be
redressed. This mechanism too, however, is under-
ratified and, with several noteworthy exceptions,
even those states which have ratified the Revised
Charter have not accepted all of its provisions.
30. There are a number of policy initiatives of rel-
evance to Roma currently being undertaken by
other international organisations. These include the
Council of Europe, OSCE, UNDP, and the World
Bank. The existing links and joint initiatives between
the European Union and other actors should there-
fore be built upon. An example of a working initia-
tive between international policy-making and donor
agencies is the project “Roma under the Stability
Pact”, which the Commission is funding under the
European Initiative for Human Rights, and where it
is in cooperation with the Council of Europe and the
OSCE. Although limited in scope, and in practical
results to date, the initiative has contributed to a
higher visibility of Roma issues on the agendas of
some governments, donors and inter-governmental
organisations. Increased co-operation between
donors would have the benefit of pooling of
resources, and has the potential of increasing policy
coherence. The European Commission takes part in
several donor initiatives aimed at co-ordinating the
activities related to the improvement of the Roma
situation at the European level. The Commission is
represented by several DGs at the Informal Contact
Group of International Organisation on Roma and
Sinti, co-organised by the OSCE, and the EU Presi-
dency also takes an active part within the Steering
Committee of the Roma Inclusion Decade (2005 -
2015) political initiative.
16
The Situation of Roma in an Enlarged European Union
31 For example, the 2000 Regular Report pointed out in its summary that “Roma continue to face widespread discrimination. …In
most countries … measures and programmes have now been adopted, supported by Phare funding.” In the country-specific
Annex, the report noted for the Czech Republic, for example, that “significant efforts have been made…but further progress is
needed”, whilst in Romania “…the continued high levels of discrimination are a serious concern …and progress has been lim-
ited to programmes aimed at improving access to education.”
32 Phrase taken from a July 2002 letter from the UK Prime Minister to the Czech Prime Minister and reproduced in Sobotka, Eva,
(2003), “Romani Migration in the 1990s: Perspectives on Dynamic, Interpretation and Policy”, in Romani Studies, Vol. 13 Issue
2, pp.79-122.
33 Including €16.3m for Hungary, €19.5m for Slovakia and €10.6m for Romania. See www.europa.eu.int/comm/enlargement/docs/
pdf/brochure_Roma_May 2002.
34 Six Council of Europe Member States in total have ratified Protocol 12: Bosnia and Herzegovina, Croatia, Cyprus, Georgia, San
Marino, and Serbia and Montenegro.
1. The scarce reliable data that does exist points to
very dramatic gaps between the situation of Roma
and non-Roma throughout Europe in fields relevant
to EU social inclusion policy. This section of the
report summarises concerns with respect to the sit-
uation of Roma in a number of sectoral fields,
including education, employment, housing, health
care and social assistance. It also notes issues relat-
ed to gender, nomadism, and the disparate impact
of environmental harm.
EDUCATION
2. The Lisbon European Council has set five Euro-
pean benchmarks for the improvement of education
and training systems in Europe up to 2010:
i) An EU average rate of no more than 10% early
school leavers should be achieved;
ii) The total number of graduates in mathematics,
science and technology in the European Union
should increase by at least 15% while at the
same time the level of gender imbalance should
decrease;
iii) At least 85% of 22 year olds in the European
Union should have completed upper secondary
education;
iv) The percentage of 15 year-old low achievers in
reading literacy should have decreased by at
least 20% compared to the year 2000;
v) The European Union average level of participa-
tion in Lifelong Learning should be at least
12.5% of the adult working age population (25-
64 age group).35
3. There is a very real threat that the nature of EU
Lisbon priorities in the field of education, combined
with a failure to date to identify racial segregation
and other forms of ethnicity-based exclusion as a
threat to the realisation of the Lisbon goals, may be
resulting in actions that worsen the situation of
Roma, as well as others located on the margins of
educational systems in Europe. In the first place,
indicator systems developed to track implementa-
tion of the Lisbon agenda fail to register disparate
impacts on Roma and other ethnic groups.36 This
vacuum may encourage policy-makers to disregard
negative, race-specific outcomes as they strive to
implement the very ambitious Lisbon agenda in the
field of education. Secondly, the high number of Lis-
bon education indicators focussing on matters
associated with elite education, such as the four
indicators related to "mobility", again combined with
an absence of educational indicators tracking racial
segregation, racial exclusion, and other socially cor-
rosive outcomes, can serve to undermine the Lis-
bon agenda and undercut the ability of
policy-makers to achieve targets.
4. The situation of Roma in the key area of pri-
mary education is very worrying. ERRC research
conducted on the situation of Roma in the Czech
school system in the school year 1998-1999 docu-
mented extreme levels of racial segregation in
Czech schools.37 Intensive research was carried out
in the Czech city of Ostrava. This revealed that, dur-
ing the 1998-1999 school year:
• More than half of the student body of so-called
"remedial special schools" for the mentally dis-
abled were Romani;
17
The Situation of Roma in an Enlarged European Union
35 Commission of the European Communities, "Commission Staff Working Paper: Progress Towards the Common Objectives in
Education and Training: Indicators and Benchmarks", Brussels, 21.1.2004, SEC(2004) 73.
36 The 29 "Indicators for Monitoring Performance and Progress of Education and Training Systems in Europe" can be found in Com-
mission of the European Communities, "Commission Staff Working Paper: Progress Towards the Common Objectives in Edu-
cation and Training: Indicators and Benchmarks", Brussels, 21.1.2004, SEC (2004) 73.
37 See European Roma Rights Center, A Special Remedy: Roma and Schools for the Mentally Handicapped in the Czech Repub-
lic, Budapest, 1999.
4. ROMA IN KEY SECTORAL FIELDS
• More than half of the population of Romani chil-
dren of the age of mandatory school attendance
in Ostrava were being schooled in remedial spe-
cial schools;
• Any given Romani child was more than 27 times
more likely than a non-Romani child to be
schooled in a remedial special school.
5. The Czech government has estimated that, in the
country as a whole, approximately 75% of Romani
children of primary school age were being schooled
in remedial special schools. ERRC research in Ostra-
va and other Czech localities also found that where
Romani children attended normal primary schools,
they were overwhelmingly concentrated in a handful
of schools widely regarded locally as inferior "ghetto"
schools. Follow-up research in 2003 indicated that
since the initial research was undertaken, those gov-
ernment policies aiming at addressing the situation
of Roma in the school system had had little impact
in reducing high levels of racial segregation.
6. Issues are similar in Slovakia. Due to the dearth
of accurate data concerning the situation of Roma in
the Slovak school system, the ERRC conducted
intensive field research in a number of school dis-
tricts in Slovakia in Autumn 2002, aimed at produc-
ing a more accurate description of the educational
situation of Romani children. This research revealed
that during the 2002/2003 school year, more than
half the students of many Slovak schools for the
mentally disabled, now renamed “special schools”,
were Romani, and in some such special schools,
every single pupil was Romani.
7. Romani children also face serious problems of
racial segregation in schooling in Hungary. Hun-
gary's Joint Inclusion Memorandum ("JIM"), signed
by the European Commission and the Hungarian
government on December 18, 2003, importantly
acknowledges the problem of racial segregation in
schooling, stating that "There are approximately 700
schools in which Roma children are segregated in
education (studying in separate classes)."38
8. The Hungarian Ministry of Education has, more-
over, recently adopted modest measures aimed at
desegregating the Hungarian education system. The
statutory integration grant described in the JIM forms
part of the process that has been initiated by the Min-
istry of Education to desegregate schools:
"A statutory integration grant financed by the State is
being introduced (2003/2004 academic year) to promote
the integration of disadvantaged children, especially
Roma. In the case of settlements where the majority of
the students in a school are socially disadvantaged, as a
result of poverty, ethnic background, disability or any
other cause, the integration grant encourages social inte-
gration by attracting better-off children who currently
attend schools in other settlements."39
9. In Bulgaria, there are also very serious problems of
racial segregation in schooling as a result in particu-
lar of the placement of Romani children in substan-
dard schools located in or near Romani quarters.
These schools are traditionally known as "Gypsy
schools" and generally offer substandard education
in materially impoverished surroundings. Here,
although the government has committed itself to
desegregating the school system, desegregation
action to date has been primarily driven by Romani
NGOs in some municipalities.40 An NGO-led project
in the town of Vidin has dispersed Romani children
from one substandard ghetto school to a number of
mainstream primary schools of significantly better
quality. The project is noteworthy for the extensive
levels of consultation with all stakeholders.
10. Other forms of segregated schooling have
also been noted in Western Europe. The 2000 Sec-
ond Report on Germany by the Council of Europe's
European Commission against Racism and Intoler-
ance (ECRI) recommends that the governments
should investigate the over-representation of
minority children in “special schools for under-
achievers” and “corresponding under-representa-
tion in intermediate and grammar schools.”41
Research conducted in 2003 by the European
Union Monitoring and Advocacy Program (EUMAP)
of the Open Society Institute, indicated that only
18
The Situation of Roma in an Enlarged European Union
38 JIM Hungary p. 12.
39 JIM Hungary p. 31.
40 On the efficacy of NGO-led desegregation in Bulgaria, see Kanev, Dr. Krassimir, "The First Steps: An Evaluation of the Non-gov-
ernmental Desegregation Projects in Six Bulgarian Cities: An External Evaluation Report to the Open Society Institute",
Budapest: Open Society Institute, 2003.
41 ECRI Report, p. 11.
half of Roma and Sinti children in Germany attend
school at all and of those who do attend, a high
number -- reportedly up to 80% in some areas --
attend “special schools”.42
11. In Spain, many state schools, especially those
in areas with large Romani populations, have in
recent years become “ghettoised”. In the last ten
years, some schools have moved from having around
30-40% Roma students to having more than 80%.
José Cabanes,43 a sociologist and expert on educa-
tion, describes this process in the following terms:
i) When a high number of Romani children enter a
given school some non-Romani families remove
their children from that school;
ii) A large concentration of students from low
socio-economic levels and illiterate families
makes schools lower their standards, so that
some non-Romani families take their children to
schools that have “more possibilities”;
iii) The fact that families concerned about their chil-
dren’s education leave those schools makes
those schools’ standards even lower, and the
fact that teaching staff changes constantly
aggravates this situation. Consequently, the
remaining families whose children had remained
in those schools and are concerned about the
situation of the educational institution remove
their children, including some Romani families
who are worried about their children’s future.
12. This situation has led to the closure of some
schools. In some cases, two schools have closed
down consecutively within a few years, and the strong
tendency to concentrate Roma children in only a few
schools is evident from the data collected in Madrid:
“There are 150 primary state schools in Madrid, five of
which gather more than 50% of all Romani students. The
one with the highest percentage has 84% (...),Iwhich
clearly violates the norm that stipulates that underprivi-
leged students should be equally distributed in all
schools. This problem is even worse in the case of private
schools. Of a total of 165,000 primary and secondary stu-
dents in private schools, only 999 are Roma, half of whom
are in remedial education.”44
13. Racial segregation in education is also reported
from France, although the complex treatment of eth-
nicity within a strong republican ideology, as well as
other factors, conspires to render debate on the sub-
ject difficult. Researchers report very high levels of
Romani and Traveller children in "special public
schools for children with learning or adaptation diffi-
culties" as well as in informally constituted "Gypsy
classes" in ordinary schools. A number of these are
composed almost exclusively of Gypsy children –
either due to their location in an area in which Gypsy
communities are separated from the rest of the pop-
ulation, or due to the fact that other parents have
removed their children from such schools.
14. Schooling authorities in some countries --
notably Denmark -- have in recent years designed
schooling provisions for "Romani pupils who can-
not be contained in normal classes or special class-
es". Aside from the discriminatory character of such
schooling provisions and the emotional harm they
may cause the children in them, there is firm
research evidence that the level and quality of pro-
vision for pupils attending segregated Roma
schools is markedly inferior to that for other
groups.45
15. Research evidence from Wales and Northern
Ireland in the United Kingdom reveals examples of
segregated educational provision for Gypsy and
Traveller children. Although educational policy in the
19
The Situation of Roma in an Enlarged European Union
42 ERRC/EUMAP, "Joint EU Monitoring and Advocacy Program / European Roma Rights Center Shadow Report Provided to the
Committee on the Elimination of Discrimination Against Women Commenting on the fifth periodic report of the Federal Repub-
lic of Germany Submitted under Article 18 of the United Nations Convention on the Elimination of All Forms of Discrimination
against Women", January 9, 2004, Budapest.
43 Cabanes Hernández, José: “Gitanos en la escuela: una realidad cambiante” en I Tchatchipen. Revista trimestral de investigación
gitana. (“The Roma in school: A Changing Reality” in I Tchatchipen. Quarterly Magazine of Roma Studies) No. 29. Instituto
Romanò. Barcelona, 2000. p.26.
44 Villarreal, Fernando y Wagman, Daniel: Gitanos y discriminación. Un estudio transnacional. (The Roma and Discrimination. A
Transnational Study) Fundación Secretariado General Gitano.Madrid, 2001. p.36.
45 The research carried out under the RrAJE Programme (Roma Rights and Access to Justice in Europe) in Bulgaria, clearly illus-
trated these discrepancies in terms of grossly differential levels of achievement. Commission 3 of the Advisory Audit Commis-
sion, Sofia, Bulgaria 2002/3. Romani Baht Foundation.
UK is the only sectoral field that specifically includes
Roma in the process of monitoring and evaluation,
the achievement of Roma pupils in school is in very
marked contrast to the achievements of all other
minority ethnic groups.46
16. In the field of lifelong learning, there is current-
ly a failure by Member States to identify Roma as a
policy target group. Thus, for example, despite a
Romani population of at least 100,000, many of
whom face very serious problems in accessing edu-
cation, the Italian government, in its most recent
report to the Commission on the implementation of
lifelong learning strategies, did not identify Roma (or
indeed any ethnic group), stating, "The measures
addressed to groups at risk of social and cultural mar-
ginalisation, co-financed by the ESF in both the cen-
tral north and southern regions, include interventions
for migrants, offenders, the disabled, disadvantaged
groups in general, and women."47 Other countries fail-
ing to make reference to Roma in their lifelong learn-
ing strategy progress reports include Germany,
Poland, Sweden and the United Kingdom.48
20
The Situation of Roma in an Enlarged European Union
46 Department for Education and Skills, London. Ethnic monitoring PLASC data, 2004. http://www.dfes.gov.uk/rsgateway/DB/SFR/
s000448/index.shtml.
47 European Commission, Directorate General Education and Culture, "Implementing Lifelong Learning Strategies in Europe: Progress
report on the follow-up to the 2002 Council resolution.Reply to the Commission questionnaire, Italy", Brussels, December 2003,
p.117.
48 Member States' progress reports are available on the European Commission website at: http://europa.eu.int/comm/
education/policies/2010/lll_en.html.
Starting in the school year 2000-2001, Romani chil-
dren from the Nov Pat Romani settlement in Vidin,
Bulgaria, began attending non-segregated schools
as a result of local and international non-governmen-
tal initiatives. The “Vidin project”, the first Romani-
led school desegregation initiative in Central and
Eastern Europe, began when roughly 300 Romani
children, from the all-Romani school in the Nov Pat
settlement in Vidin, began attending six mainstream
schools in town. The enrolment of Romani children
in the mixed schools in Vidin was preceded by an
intensive advocacy campaign among the local
Romani and non-Romani communities, educational
authorities and the local administration. In the 2000-
2003 period, the programme has successfully inte-
grated over 600 students.
Under the project, students are bused from the
settlement to school and back and those of them
who need to catch up with their peers, receive sup-
plementary classes at school. The project involves
Roma supervisors who interact with parents and the
school to encourage attendance. Representatives of
the DROM organisation, which implements the proj-
ect, are in constant contact with the Romani chil-
dren and monitor their integration in the schools.
The success to date of the program is attribut-
ble to a number of factors. First, the Romani chil-
dren are happy to be in schools where real learning
takes place and to be among non-Romani peers.
Second, the desegregation process has been
organised and monitored by a Romani organisa-
tion, creating high levels of trust on the part of the
Romani parents. Finally, the schools have accepted
in-house Roma supervisors who ensure that the
children are treated equally and with respect. Since
the project started in Vidin it has been expanded to
seven more cities in Bulgaria.
This initial model of desegregation should, how-
ever, be seen as a step in the right direction rather
than an end in itself. Longer term and robust monitor-
ing and evaluation are critical to ensure that the qual-
ity of the educational experience of the Roma pupils
matches those accepted standards compatible with
race equality in education. That is, that policy is sus-
tainable; that adequate levels of training are main-
tained; that attendance and achievement outcomes
are at parity with the average for all pupils; that in the
interests of equal treatment, non-Roma pupils are
also bused to ensure a racial mix across all the
schools in the community and that enhanced invest-
ment is directed towards the schools which remain
open in the Roma settlements.
TEXT BOX 1. School Desegregation in Bulgaria
17. The above examples provide more than suffi-
cient evidence of Roma exclusion from mainstream
education, and action is required from both national
governments and, where appropriate, the EU. Given
the centralised nature of school systems in Europe,
national education Ministries must lead in designing
policies that promote integrated education for Roma
and in ensuring that this is firmly rooted in strategies
aimed at race equality outcomes. As concerns the
important area of primary and secondary education,
key objectives of policy should include:
• Legal and administrative structures that secure
unhindered access to mainstream educational
opportunities;
• The establishment of efficient arrangements to
address any barriers to regular school atten-
dance;
• Integration -- that is, schools should not segre-
gate and they should include active elements
aimed at combating existing racial segregation;
• Substantial and comprehensive support (and,
where relevant, further education and retraining) to
all players in the education process, including
teachers, administrators, Romani and non-Romani
children, and Romani and non-Romani parents;
• Strong elements within the formal and informal cur-
riculum that promote anti-racism and anti-bullying;
• The provision of all necessary resources
required to secure racial equality in educational
outcomes;
• Enhanced pre-school education for a minimum
of two years for all Romani children;
• Overcoming barriers between Roma and non-
Roma and the promotion of good race relations;
• Providing curriculum materials on the important
contributions Roma have made to the societies
of Europe -- and in particular to the society of the
individual country. In the interests of rolling back
currently high levels of anti-Romani sentiment in
Europe, it is crucial that these materials be used
in all schools, not only in schools where Romani
children predominate;
• Providing adequately for cultural education about
Roma – including Romani language, history and
culture – for both Romani and non-Romani.
18. Finally, it should be noted that a number of states
have recently adopted practices of providing scholar-
ship funding to Romani students at university, and in
21
The Situation of Roma in an Enlarged European Union
some cases secondary-school level. At least partly
as a result of these policies, the number of Roma at
university has increased considerably in recent years
in some EU Member States (particularly in some of
the new Member States). These and similar policies
should be replicated in countries where they do not
exist and be funded to the level required.
19. At the EU level, and notwithstanding EU sub-
sidiarity principles, a number of EU programmes
clearly have a direct role to play in creating the condi-
tions for integrated education. In addition to setting
data and framework conditions for the design of
national policy, a number of Union programmes may
be used to generate social change in the field of
Roma education. The European Union's Directorate
General for Education and Culture manages a wide
variety of programmes supporting cooperation
between Member States and candidate countries in
the field of education, training and youth. Most of
these programmes provide scope for projects aiming
at improving Roma education and training and, cru-
cially, assisting with government policies to integrate
education. For example, the promotion of intercultur-
al education, countering social exclusion by providing
support to disadvantaged groups, is a priority of the
European Union Community Action Programme in
the field of education 2000-06 (Youth programme).49
20. Within the scope of this programme, the stat-
ed objectives of the Comenius Action (school educa-
tion) include the promotion of intercultural
awareness through transnational activities designed
to fight racism and xenophobia and improve the edu-
cation of children of migrant workers, occupational
travellers, Gypsies and Travellers. A range of transna-
tional projects on Roma education and training are,
or have been, supported in recent years within the
Socrates (school, higher and adult education) and
Leonardo da Vinci (vocational training) Community
Action Programmes, as well as the Youth pro-
gramme. Roma-specific transnational projects fund-
ed to date have addressed various themes and
areas, including school attendance levels and quality
of education, intercultural education and dialogue,
teacher training and Roma mediators, and the edu-
cational needs of Roma to improve their employabil-
ity and ability to enter or re-enter formal education.
21. The EU has in the past issued resolutions
related explicitly to Roma. In 1989, the Council of
Ministers of Education adopted Resolution 89/C
153/02 “On School Provision for Gypsy and Traveller
Children”. The 1989 Resolution was drafted with ref-
erence to the circumstances of the nomadic
Roma/Gypsy and Traveller population of the Mem-
ber States of the European Union at that time. In the
framework of a newly enlarged European Union, the
Union institutions should revisit EU strategies on
the education of Romani children, taking into
account in particular the need for thorough-going
measures to combat racial discrimination and racial
segregation in the educational system. To the extent
that European Social Funds are also used to co-
finance educational initiatives in Member States,
the ESF guidelines might also stress the need to
pursue the issue of Roma, Gypsy and Traveller edu-
cation, and the need to address the issue from pre-
school through to adult education.
EMPLOYMENT
22. At the Lisbon European Council, the European
Union set itself the goal of becoming "the most
competitive and dynamic knowledge-based econo-
my in the world, capable of sustainable economic
growth with more and better jobs and greater social
cohesion". The strategy was designed to enable the
Union to regain the conditions for full employment
and to strengthen cohesion by 2010. The Council
also considered that the overall aim of these meas-
ures should be to raise the overall EU employment
rate to 70% and to increase the number of women
in employment to more than 60% by 2010. The
Stockholm European Council (March 2001) added
two intermediate and one additional targets: the
employment rate should be raised to 67% overall by
2005, 57% for women by 2005 and 50% for older
workers by 2010. The Barcelona Council (March
2002) confirmed that full employment was the over-
arching goal of the EU and called for a reinforced
Employment Strategy to underpin the Lisbon strate-
gy in an enlarged EU.
23. The main tool at the Union level for imple-
menting these goals is the European Employment
Strategy (EES).50 Key elements of the EES include:
22
The Situation of Roma in an Enlarged European Union
49 Decision No. 1031/2000/EC of 13th April 2000.
50 Further information on the European Employment Strategy is available at: www.europa.eu.int/comm/employment_social/
employment_strategy/index_en.htm.
• Employment Guidelines: following a proposal
from the Commission, the European Council
shall agree every year on a series of guidelines
setting out common priorities for Member State
employment policies;
• National Action Plans: every Member State shall
draw up an annual National Action Plan, which
describes how these Guidelines are put into
practice nationally;
• Joint Employment Report: The Commission and
the Council shall jointly examine each National
Action Plan and present a Joint Employment
Report. The Commission shall present a new pro-
posal to revise the Employment Guidelines
accordingly for the following year;
• Recommendations: The Council may decide, by
qualified majority, to issue country-specific Recom-
mendations upon a proposal by the Commission.
24. Despite considerable evidence of the power-
ful role of race in hindering access to the labour
market, EU decision-makers have not yet devoted
sufficient attention to the need to eliminate
unemployment among minority ethnic groups as
a target of EU employment policy.
25. The result of the EU not providing specific
guidance is evident in the absence of Roma and
other groups regarded as "Gypsies" from the Nation-
al Action Plans on employment. A review of the
National Action Plans for 2003 for Austria, Belgium,
Finland, Germany, France, Sweden, Spain, Ireland,
United Kingdom, Netherlands, and Portugal, indi-
cates that of the countries listed, only Ireland includ-
ed mention of Roma ("Travellers" in the Ireland
National Action Plan on employment).
26. Roma and other groups regarded as "Gypsies"
do, however, face significant barriers in the labour
market and in accessing gainful employment, and as
a result disproportionately higher numbers are
unemployed. Where data on the placement of Roma
on the labour market exist, very disturbing disparities
are apparent. For example,official data for the 3rd
quarter of 2003 indicates that approximately 87.5%
of the Slovak Romani population was unemployed
during the period, as compared with an unemploy-
ment rate of 14.2% for the population as a whole. In
Spain, half of Spanish Roma of working age are esti-
mated not to have stable or legal jobs.51 In the Czech
Republic, the unemployment rate for the general
population was 10.8% of the total work force in early
2004,52 whilst the official unemployment rate for
Roma was estimated to be between 50% and 80%.53
Unofficial estimates, based on qualified sociological
studies, also indicate that the unemployment rate for
Roma ranges between 50-80%, of which men com-
23
The Situation of Roma in an Enlarged European Union
TEXT BOX 2. Roma Employment Initiatives in Spain
The ACCEDER Programme, co-financed by the
European Social Fund, was initiated by the Fun-
dación Secretariado General Gitano (FSGG) in the
framework of the Multi-regional Operative Pro-
gramme ‘Fight Against Discrimination’ in Spain.
Thirteen Spanish autonomous regions and more
than forty city councils collaborate in the pro-
gramme. Its main objectives are to provide access
to employment for disadvantaged groups (mostly
Roma) through a network of specialised employ-
ment offices that offer training, mediation and
advisory services. ACCEDER started in 2000 and is
due to finish in 2006. There are 47 offices in 44
municipalities and more than 70 private and public
entities are taking part. Its strategy is designed to
achieve two major objectives:
• The development and improvement of access
to employment for Roma
• The promotion and development of new jobs
in service (s) industries.
Since December 2003 16,961 people have been
assisted (67% were Roma) and 9,741 people
have entered employment. The service sector
stands out – with 66% of all contracts -- followed
by the industrial sector (17%), construction (15%)
and agriculture (3%). As far as the length of
employment contracts is concerned, 45% last
over 3 months and 10% over 1 year.
The programme has been identified by the Euro-
pean Social Fund as a “case of good practices” on
the Intermediate Evaluation of the Operative Pro-
gramme ‘Fight Against Discrimination’.
51 Second National Action Plan for Social Inclusion in the Kingdom of Spain. (Appendix I. Diagnosis of the situation of Social Exclu-
sion in Spain) Ministry of Labour and Social Affairs, Madrid, 2003. p.14.
52 Právo, February 10, 2004.
53 Joint Inclusion Memoradum, Czech Republic, 2003, p. 6.
prise 10%, and women comprise 90%.54
27. A large proportion of Roma in the Czech
Republic – as elsewhere – perceive their position on
the labour market as disadvantaged by racial dis-
crimination. Sixty-one percent of Roma, when asked
if they had been refused employment because of
their origin, responded in the affirmative. In two
fifths of families, at least one of the parents is unem-
ployed and in one third of families one of the parents
is the recipient of a disability pension.55
28. There are clear indications that racial discrim-
ination is a powerful force hindering the access of
Roma to the labour market. For example, labour
offices in a number of countries have frequently
reported that employers attempt to submit listings
stating that "Roma need not apply". Unfortunately, in
some cases, labour offices have marked job-seeker
listings for employers with the ethnicity of the per-
son seeking work, such that potential employers can
see who are "Gypsies" (and therefore not hire them).
In a number of countries, Roma have sued employ-
ers for discriminating on racial grounds and notwith-
standing the difficulty of proving racial discrimination
for the purposes of legal action in the field of
employment, a number of these cases have been
resolved in favour of the plaintiff and courts have
sanctioned employers. These successes have not,
however, reduced widespread reports of racial dis-
crimination on the job market. There is clearly a need
to redouble efforts to ensure the full implementation
of equality law in the field of employment.
29. Employment policies and strategies at the
EU and Member State level, stated clearly, dissemi-
nated widely and monitored regularly, are a neces-
sary basis for the social inclusion of minorities,
including Roma. Appropriate regional development
projects focussing on employment creation are also
required, however, to give momentum to policy.
This is particularly so in areas where Romani unem-
ployment and poverty prevail, and particularly in the
light of personal, social and economic disadvantage
caused by long-term unemployment. In areas where
there is very high or total unemployment among
Roma, policies must include elements, and financial
incentives, to encourage employers to recognise
the benefits of employing Roma. Where Romani
individuals have been unemployed for long periods
of time, measures must include elements that
assist the transition (back) into the work force.
30. The EU programmes introduced in Chapter
3, and principally the ERDF, the ESF and the EQUAL
Community Initiative, have facilitated project work
targeting Roma in the field of employment in a num-
ber of Member States. A number of these have
been financed through the European Union's
EQUAL programme, an initiative to provide funding
and encouragement for innovative projects to fight
discrimination and social exclusion in labour mar-
kets. Since 2001, the EQUAL programme has fund-
ed around 45 projects where Roma have been
among the beneficiaries, either as a specific target
group or mainstreamed alongside other disadvan-
taged groups in broader programmes. Most of the
EU Member States, and both of the two candidate
countries that gained access to the EQUAL pro-
gramme in 2002, have at least one or two projects
promoting the integration of Roma in the labour
market. Member States where no such projects
have yet been implemented are Denmark, Luxem-
bourg, the Netherlands, Belgium and Finland. Also
active has been the Directorate General for
Research and Innovation, which has financed a 3-
year research project (WORKALO) into the barriers
that exclude Roma from the European labour mar-
ket, taking France, Portugal, Romania, Spain and the
UK as case studies. The project was financed under
the 5th Framework Programme (1998-2002).
31. In summary, employment is among the most
essential mechanisms for securing social inclusion.
The operation of the employment market in any one
society provides a litmus test of its attitudes to race
and social justice. The research has established that
there are frequently very marked differences
between the unemployment rates for Romani com-
munities and other groups within the same society.
Widespread reports of racial discrimination in
employment have not yet been met with adequate
action on the part of governments and other authori-
ties. Projects to provide work to unemployed Roma
have not yet had a marked impact on the levels of
family/community poverty and debt, and in many of
the existing Roma-specific employment programmes
24
The Situation of Roma in an Enlarged European Union
54 Vyzkum interetnickych vztahu: zpráva, Brno: Masarykova Univerzita, 2001.
55 Source: STEM, Romani community in the city, November/ December 2002, in Analyza sociálne ekonomické situace romské
populace v Ceské republice s návrhy na opatr ení, Praha:, Praha: Socioklub, 2003, p. 260.
there is an emphasis on unskilled manual tasks with
minimal or no training opportunities. Employment
policy is an underdeveloped sector in a number of the
Member States examined in this study.
HOUSING
32. Housing is considerably less developed as an
area of European Union policy than other fields of rel-
evance to social inclusion, such as employment.
There is no specific Directorate General in the Euro-
pean Union to address housing policy issues, hous-
ing is not presently covered by the European
Regional Development Fund, and there is resistance
to expanding EU competencies in this area, particu-
larly due to the fact that housing is very resource-
intensive. The European Union Race Directive
explicitly bans racial discrimination in the field of
housing, however, and the adoption of a housing indi-
cator or indicators under the social exclusion indica-
tors is under discussion within the Commission –
explicit recognition of the key role played by housing
in social inclusion measures. Experts have noted that
where projects have been successful, housing has
played a key role in the inclusion of Roma and other
excluded minorities. When housing is improved to a
certain degree, there is frequently a "point of no
return" beyond which integration proceeds.
33. Nevertheless, it is of grave concern that
many Roma throughout Europe live in substandard
or extremely substandard housing, and often in
slum ghettos or site locations characterised by:56
• Uncertainty over the ownership of land on which
settlements are placed;
• A lack of security of tenure (and with it a perma-
nent threat of forced eviction);
• Inadequate or absent sewerage, electricity, light-
ing and potable water systems, and waste
removal, heat, and transport services.57 In some
extreme slums, all such provisions are lacking;
• Exclusion or excessive distance from other set-
tlements, public services such as quality school-
ing, postal services, healthcare and other urban
facilities crucial for quality-of-living standards;
• Prevalent disease and/or threats of epidemic;
• Exposure to violent police raids and other arbi-
trary intrusions banned by fundamental interna-
tional and European human rights laws;
• Segregation from other communities in an
increasing number of states (the Czech Republic
and Hungary have, importantly, acknowledged
this as an area of concern).
34. Housing issues facing Roma have a high degree
of variability across countries and indeed between
rural, urban and semi-urban locations. In some
countries, many Roma report that "the ground is dis-
appearing beneath our feet" because of massive
expulsions of Roma through forced evictions from
housing/municipalities, as well as because of the
sale of social housing stocks. Forced evictions are
also frequently reported with respect to Roma,
Gypsy and Traveller families who remain nomadic
and, as a consequence of a shortage of official
sites, are forced to camp on unauthorised land.
35. Social housing stocks reportedly vary exten-
sively between Member States; for example, the
Netherlands 35%, Slovakia 3.7%, Hungary 9%, and
Belgium 7%. There is a need to replenish social hous-
ing stocks, where these are low, and to check the
widespread sale of social housing stocks by local
authorities in some countries, notably in some new
Member States. The use of arbitrary criteria in the allo-
cation of social housing has also been noted, as has
the need to avoid policies distinguishing between the
purported "deserving" and "undeserving" poor.
36. There is currently a debate as to how to
address the existence of substandard slum settle-
ments, with important initiatives being undertaken
by OSCE missions in the former Yugoslavia, as well
as by UN Habitat in its pursuit of the Millennium
Development Goals.58 The EU Phare programme has
importantly made available a significant level of
funding in the area of infrastructure for 30 Roma
25
The Situation of Roma in an Enlarged European Union
56 Many of these circumstances are also pertinent to the living circumstances and locations of many Roma families who have a
nomadic lifestyle, such as the significant proportion of the Roma/Gypsy/Traveller communities in the United Kingdom.
57 Even where services are provided, these are often problematic. For example, common water meters have led to massive
water debt and subsequent forced eviction of Roma in Hungary. In Bulgaria, electricity providers withdrew services after
Roma failed to pay debts accruing as a result of common electricity meters for very large numbers of individuals. Withdrawal
of services has led to rioting by Roma on some occasions.
58 Target 11 of the Millenium Development Goals is to: "By 2020, to have achieved a significant improvement in the lives of at least
100 million slum dwellers".
settlements for Slovakia. There are also a number of
current projects in the old EU Member States as
well as in the new Member States that may eventu-
ally constitute good practice, although it may as yet
be too early to assess their long-term impact, given
their recent starting dates.
37. In addressing the issue of slum settlements,
there exists a danger that EU and other international
funding may be being used to exacerbate spatial seg-
regation of Roma. A consultant providing an assess-
ment of approaches to Roma housing in Slovakia
noted: "The housing situation of Roma is not seen as
part of the general housing policy, but rather as a par-
ticular Romani problem and therefore there is a ten-
dency to solve it in the narrow context of Roma
policies and preferably with the financial assistance
of the European Union. [...] In large towns and cities
in particular, it can often happen that Roma apply for
social housing and they are not provided with it, or
they are provided only if that particular municipality
has some special program for Roma housing. [...] My
empirical conclusion would be that Roma are given
'Roma social housing' and this generally radically
blocks any integration."59 There is an urgent need in a
number of countries for integrated approaches to
housing. This need is particularly pressing as funding
becomes available for Roma housing projects.
38. Political will at the national level and particular-
ly at the local level is crucial if Roma, Gypsies and
Travellers are to be provided with adequate accom-
modation. In the field of housing, the municipality is
a key actor. National regulations and policies need to
provide explicit guidelines to the municipality as to
their obligations in the field of social housing for mar-
ginalised groups, and in particular for Roma, Gypsies
and Travellers, and to ensure necessary funding for
eventual land purchase from private owners.
39. Even in cases where the political will exists,
funding is very frequently insufficient, or even totally
lacking, due to the resource-intensiveness of house
construction and renovation. At the Union level there
are strong impediments to the use of the European
Regional Development Fund for housing, even
though such funding is available for complementary
infrastructure such as water supply and sewage
treatment, and a review of this policy is recommend-
ed. The current review of Structural Funding will
define the extent and use of the European Regional
Development Fund for the period 2007-2013; there
is a need to ensure that, to the greatest extent pos-
sible, the 2007-2013 funding will adequately address
housing and complementary infrastructure issues
facing Roma and other vulnerable groups. In the
event that housing itself cannot be funded, the ERDF
might examine ways in which it can promote
schemes where the recipient government funds
housing construction or renovation, and the ERDF
finances complementary infrastructure. Use of such
funds should concentrate on the desegregation of
existing Roma communities by the construction of
access roads and the integration of Roma settle-
ments into existing service networks – electricity,
water and waste removal services, for example.
40. In the area of project design, a number of
positive examples have been noted (three projects
in Spain in particular) although unfortunately there
are also a number of bad practices in this area. The
three positive examples cited involve (i) the creation
of an integrated housing project, with concomitant
social services, through the creation of an interme-
diary association; (ii) the provision by the govern-
ment of funding to NGOs to buy housing and
provide concomitant social services to Romani fam-
ilies; and (iii) the provision of government funding
for the improvement of Romani housing in situ in a
run-down area. In the third project, an employment
component complemented funding for housing ren-
ovation. The beneficial effects of combining
employment and/or social assistance components
within housing projects have already been noted.
41. Best practices on housing for Roma include
Romani involvement in the design, construction,
maintenance and management of housing. There are
models available for Romani control over housing
through community management structures, includ-
ing power-sharing among community members. This
best practice should also be replicated in all those
Member States where public provision is needed in
the form of official sites for Roma, Gypsies and Trav-
ellers who are nomadic in lifestyle.
HEALTHCARE
42. Access to healthcare forms a core part of the EU
anti-discrimination agenda, as recognised by the
26
The Situation of Roma in an Enlarged European Union
59 Expert assessment by Mr Laco Oreavec under ERRC/Milan Simecka Foundation/COHRE project on housing rights for
Roma in Slovakia.
explicit ban on racial discrimination in the field of
healthcare included in the EU Race Directive. The
European Union Directorate General of Public Health
is currently in the process of developing common
health indicators and is also funding a Community
Action Programme in the field of public health (2003-
2008). The 2004 work plan specifies that social
inequalities, gender mainstreaming and age-related
aspects will be integrated into the tasks of each
Working Party, and it is specified in particular that the
Working Group on health determinants may “include
socio-economic determinants, including minority and
migrant populations”.
43. Widespread unavailability of data with
respect to the state of health of Roma, as well as
their placement in or exclusion from the health care
system, is particularly noticeable. Few studies have
been undertaken with respect to access to health
care and there is opposition on the part of many
health professionals to ethnicity-specific surveys.
44. Where data does exist, the picture provided is
worrying. Very serious public health risks, such as
tuberculosis, are widely reported by public officials as
prevalent among Roma, and particularly among Roma
in isolated slum settlements,60 but these have to date
not been matched by adequate remedial action. Doc-
tors Sánchez and Dorado, in their report on the Span-
ish Romani population for the ROMEUROPE European
programme, provide a list of studies that show the
prevalence of contagious and other diseases:
i) higher prevalence of hepatitis A among Romani
children;
ii) higher prevalence of hepatitis B (among preg-
nant women, chronic infection rates are 8.4%,
as against 1.4% of the general population);
iii) higher prevalence of tuberculosis and asthma.
45. The data deficient environment surrounding
Roma communities in Europe, and which has been
stressed throughout this report, has a marked rele-
vance in the area of sexually transmitted diseases
(STDs) and the incidence of HIV/AIDS infection. It
should be noted that all existing evidence confirms
the insufficiency of firm and comprehensive data,
and in many cases, its unreliability and the research
limitations. There is thus a considerable danger in
creating or confirming negative stereotypes about
Roma in these areas of heightened public interest.
46. There is evidence that the socio-economic cir-
cumstances of communities have a strong influence
on risk factors associated with STDs and HIV/AIDS. For
these reasons, HIV/AIDS has been found to dispropor-
tionately affect certain minority groups in Central and
Eastern Europe,61 and many Roma communities are
extremely vulnerable. Poverty, unemployment and dis-
crimination are push factors said to be responsible for
the involvement of some Roma women and teenagers
in the sex industry, with its disproportionate exposure
to high risk of STDs and HIV/AIDS infection, although
there is no very firm data on actual disease incidence.62
Low levels of awareness and access to information
about the diseases, their transmission, personal pro-
tection and access to treatment further exacerbate the
vulnerability of Roma.63
47. Although some recent initiatives by govern-
ments and NGOs have successfully started to address
these issues, and in particular the need for greater
public awareness, the response to date is not propor-
tional to the needs and the urgency of the situation.
48. Caution in relation to creating or confirming
negative stereotypes of Roma is equally important in
the consideration of the incidence of drug trafficking
and use. Although Roma are as exposed as other
communities to increasing drug use, adverse socio-
economic circumstances, such as those experi-
enced by Roma, are also known to place individuals
and communities at risk. Evidence would seem to
27
The Situation of Roma in an Enlarged European Union
60 Poland's Joint Inclusion Memorandum and Lithuania's Government Programme on Roma explicitly note tuberculosis as a prob-
lem among Roma, and tuberculosis and other extreme public health risks are reportedly widespread in a number of other coun-
tries. In its second report on Lithuania, the Council of Europe's European Commission Against Racism and Intolerance notes:
"The health situation of the members of the Roma/Gypsy communities also testifies to their generally disadvantaged situation.
Such disadvantage is linked to several factors such as poverty and unhealthy living conditions, but also reflects, in some cases,
prejudice on the part of those providing the service.
61 United Nations Development Programme, ‘Avoiding the Dependency Trap’, A Regional Human Development Report (UNDP),
Bratislava 2002, p.65.
62 Ringold Dena, Orenstein Mitchell, Wilkens Erika ‘Roma in an Expanding Europe - Breaking the Poverty Cycle’, A World Bank
Study. Washington 2003. p.44.
63 EUMC, ‘Breaking the Barriers - Romani Women and Access to Public Health Care’, European Communities 2003. pp.57-60.
suggest that drug abuse is on the rise in some Roma
communities, although reliable information is
scarce.64 Some research has provided evidence sug-
gesting that the most vulnerable age groups within
Roma communities are 9-16 year old children, who
may be addicted to solvent and alcohol abuse, and
19-40 year olds who are more likely to be on ‘hard
drugs’.65 It is suggested also in a number of sources
that drug usage and trafficking may be more com-
mon in areas where communities are close to
national boarders. The UNDP report stresses the
possible connection between the drug trade and
use, and commercial sex work.66
49. Given the marginalisation of Roma communi-
ties, their socio-economic circumstances and their
poor access to information, education and public
health structures, it is certain that they are particu-
larly vulnerable to drug use and abuse with very lim-
ited access to appropriate treatment and addiction
support agencies.67
50. In the Czech Republic, data on the present life
expectancy of Roma is not available. However, ten
years ago the life expectancy of Romani men and
women was twelve years shorter than average.68 The
state of health of the Romani population is assessed
as being visibly worse than that of the majority popula-
tion by 69.7% of general practitioners.69 A 1997 study
revealed very different rates of infection between
Roma and non-Roma for a number of diseases.70
51. In Spain in 1997, child vaccination campaigns
carried out in various shanty towns in Valencia by
Medicos del Mundo detected that nearly 40% of
Romani children had not received any kind of vacci-
nation and approximately 50% had not been fully vac-
cinated.71 A paediatric study undertaken in Alicante in
2002 similarly revealed vast differences in vaccination
rates: 18.8% of Romani children aged 2 years had
not received any vaccination, whereas all non-Romani
children had already been vaccinated at that age.72
52. Some countries, for example Poland and Slova-
kia, are now beginning to experiment with mobile
health units for isolated slum settlements, in order to
deliver rudimentary health care on an occasional
basis. In Slovakia the programme is financed by
Phare. The Greek government has stated that it has
recently undertaken "16,580 multiple vaccines" among
Roma in Greece. Such measures are to be commend-
ed, but also to be regarded as stop-gap, awaiting
comprehensive policy measures aimed at securing
full and unimpeded access by all Roma to preventa-
tive, primary and emergency healthcare services.
53. It is very worrying that in some of the coun-
tries studied, extreme abuses of the right of
informed consent73 have been documented in
recent years where Roma are concerned, and have
not yet been matched by adequate corrective meas-
ures by public officials.74 Efforts must be redoubled
to ensure a culture and regular practice of providing
information about all aspects of medical care, med-
ical treatment, and procedures to be undertaken in
28
The Situation of Roma in an Enlarged European Union
64 Ringold Dena, Orenstein Mitchell, Wilkens Erika ‘Roma in an Expanding Europe - Breaking the Poverty Cycle’, A World Bank
Study. Washington 2003. p.44.
65 Puporka L. and Zadori Z, ‘The Health Status of Roma in Hungary’. Budapest: World Bank Regional Office - Hungary, NGO Studies No.2.
66 United Nations Development Programme, ‘Avoiding the Dependency Trap’, A Regional Human Development Report (UNDP),
Bratislava 2002, p.66.
67 Open Society Institute (OSI), ‘Drugs, AIDS and Harm Reduction’. New York 2002.
68 Janecková H., Nesvadbová L., Kroupa A., Rutsch J., "Attitudes of Roma Population in the Czech Republic to Health and Health
Care", lecture presented at the conference Health in Transition: European Perspectives of the European Society for Health and
Medical Sociology, BSA Medical Sociology Group 2nd Joint Conference, 14-17 September 2000, University of York; Praha:
SOCIOKLUB Publishing house, p. 223
69 Nesvadbová L., Rutsch J., Kroupa A., Sojka S., "The State of Health of the Romany Population in the Czech Republic", Central
European Journal of Public Health, No. 3, Vol. 8 (JHEMI vol. 44), August 2000, pp. 147.
70 Ibid.
71 López Bustamante, Joaquín: “La exclusión más vulnerable: el alarmante estado de salud de los gitanos más pobres” en SOS
Racismo.Informe anual 2001 sobre el racismo en España (“The most vulnerable exclusion: the worrying state of health of the
poorest Roma” in SOS Racismo. Annual Report 2001 on Racism in Spain) Editorial Icaria, Madrid, 2001, p.30
72 Sánchez Serrano, F.J et. al.: “Diferencia étnica en la actividad asistencial de urgencias. Aproximación a la realidad gitana. Anales
de Pediatría 2002. no. 56 (“Ethnic differences in the assistance given at casualties. An approach to the Roma’s reality”. Pedi-
atrics anals 2002), on the Internet at:http://db.doyma.es/cgi-bin/wdbcgi.exe/doyma/ mrevista.fulltext?pident=13023940.
a language understandable to patients. In addition,
comprehensive safeguards on patients’ rights, in
particular for vulnerable groups such as Roma, must
be introduced, including access to just remedy
where such rights are violated.
54. The European Union can and should provide
guidance to Member States and Candidate Coun-
tries by including in the health indicators currently
under development indicators related to both dis-
ease incidence and access to the health care sys-
tem by marginalised ethnic groups. Given the
specific problems faced by Romani populations,
particularly where these are itinerant, as well as the
numbers of Roma in many new Member States in
particular, it may be appropriate to specify the need
to develop indicators for Roma, Gypsy and Traveller
groups. There is also considerable scope for devel-
oping the EU social exclusion indicators to encom-
pass exclusion on ethnic grounds. The
development of harmonised indicators between
the Directorate General for Employment and Social
Affairs and the Directorate General for Health and
Consumer Protection would be particularly advis-
able in this area. Union institutions should also con-
tinue to monitor the health care situation of Roma
in Member States where (i) there are plausible alle-
gations that Roma have been subjected to abuses
by health care providers and (ii) where there are
clear indications that primary and/or emergency
health care may not be reaching significant sectors
of the Romani population.
55. In respect of the Directorate General for Pub-
lic Health Community Action Programme, it is noted
that the €50m 2003 budget was 10 times oversub-
scribed and that there is far more demand for health
sector co-financing than can be met by the Pro-
gramme. Given the importance of good health in
ensuring economic activity and employment, the
overarching goal of the Union, it would be reason-
able for the Commission to increase this sum.
Moreover, given the public health threats posed by
29
The Situation of Roma in an Enlarged European Union
73 The European Charter on Fundamental Rights, proclaimed by the European Commission on 7 December 2000, has anchored
the right to full and informed consent at the core of the European Union. Article 3 of the Charter, on the right to the integrity
of the person, guarantees that "in the fields of medicine and biology in particular", "the free and informed consent of the per-
son concerned" [...] "must be respected in particular".
74 According to ERRC documentation and that of of partner organisations, Romani women have been coercively sterilised in recent
years in the Czech Republic, Hungary and Slovakia. Legal complaints are currently pending before domestic and international
courts with respect to coercive sterilisations in Hungary and Slovakia. In the Czech Republic, the ERRC has provided informa-
tion to the Ombudsman related to coercive sterilisations.
TEXT BOX 3.
Roma Health Mediators Project, Romania.
Although the concept of Roma mediators in edu-
cation was first developed in France in 1986-7,
the extension of the concept to healthcare was
initiated in Romania.
In 2000, the association Romani CRISS - Roma
Centre for Social Intervention and Studies trained
health mediators to provide liaison between
Roma families and mainstream public health serv-
ices. The work has been particularly effective in
the promotion of child vaccination programmes,
access to anti- and post-natal care for mothers,
and education surrounding issues of contracep-
tion and family planning. As the work has pro-
gressed, the health mediators have become more
involved in the identification of serious conta-
gious diseases and the detailed recording of
some aspects of Roma health data.
The work has been so effective in establishing
and strengthening the active links between Roma
communities and public health services that the
scheme was adopted in 2002 by the Romanian
Ministry of Health and Family, which supported 166
health mediators in 34 pilot counties, but with the
training function still provided by Romani CRISS.
The numbers of mediators and their resources
are still modest, however, and their effectiveness is
still dependent on the character and quality of the
existing public health infrastructure, which is often
weak. Moreover, where family incomes and envi-
ronmental circumstances are poor, and where little
or no action is taken to ameliorate the situation, as
is the case in the majority of Roma communities,
then the quality of liaison, community healthcare,
education and healthy lifestyle promotion is seri-
ously undermined.
the high levels of contagious disease among mar-
ginalised groups, among which Roma groups are
prominent, and the Directorate General’s wish to
improve cross-border cooperation in the field of
healthcare, increased attention to the health status
of Roma is fully justified. This is particularly the case
given the population movements that the 2004
enlargement has stimulated.
DISPARATE ENVIRONMENTAL IMPACT:
HOUSING AND HEALTH
56. Empirical evidence from a number of countries
indicates that Roma suffer disproportionately from
environmental harms. For example,
• The predominantly Romani settlement of Lower
Hrusov, Ostrava, Czech Republic, is located over
a former mine which continually generates
methane gas; the settlement is in constant dan-
ger of exploding;
• The Romani settlement of Patoracka, Rudnany,
Slovakia, is located on the grounds of a former
mercury mine;
• A Romani settlement in Aspropyrgos, Greece,
just outside Athens, is located on a municipal
dump.
57. In some areas, where environmental conditions
may be dangerous generally, they are particularly
compounded with respect to Roma. For example, in
houses in the town of Zlatna, Romania, zinc, copper
and lead concentrations -- deriving from the tailings
of a local mine -- exceed the allowable levels set in
some EU countries by factors of ten or more. More-
over, some local regulations related to the environ-
ment may have indirectly discriminatory effects. For
example, in the city of Ostrava in the Czech Repub-
lic, fees for waste removal are a fixed sum per head,
taking no account of income levels or amounts of
waste generated. Romani families, which tend to be
both larger and poorer, bear a disproportionate bur-
den of local waste removal costs.
58. The European Commission Directorate Gen-
eral for the Environment may have a role to play in
defining pan-EU policies in respect of the environ-
ment as a determinant of health, and in supporting
projects aimed at improving the social welfare of
disadvantaged groups, including Roma. Indeed, the
Directorate General’s 6th Environmental Action
Plan, agreed in 2002, sets four priorities, of which
one is the environment in relation to health and the
quality of life. Grants are given in support of organi-
sations proposing acceptable projects and,
although it does not appear that finance has previ-
ously been made available to Romani groups, this is
a possibility for the future.
SOCIAL SECURITY, INCOMES AND DEBT
59. In the field of social assistance, it is of concern
that, EU social inclusion efforts notwithstanding,
some countries have in recent years amended laws
with the effect of removing eligibility for social
assistance from Roma. Most recently, in 2004,
amendments to Slovak social support legislation
reduced assistance for families with many children,
a provision widely held to be targeted at Roma and
one which will without question have indirectly dis-
criminatory effects on Roma. In a number of cases,
direct discrimination against Roma has been report-
ed in the field of social protection. For example, in
Romania researchers have documented local
authorities stating that they apply discretionary
means tests for eligibility for social benefits in a
racially discriminatory manner, or otherwise indicat-
ing that they regard Roma in general as undeserving
of social welfare support.75
60. In France, a number of départements appear
to have given all files concerning Gypsies and Trav-
ellers (including those who do not travel) over to
the special associations of “friends of the Gypsies
and Travellers”. As a result, Gypsies and Travellers
are not accepted in the municipal offices, and have
to go to the specific associations designed “for
them”. In one département, sums appear to have
been removed from social support payments based
on an internal chart, which presumed that Travellers
were working illegally and not declaring their real
income. Moreover, Travellers in France are ineligible
for certain forms of social assistance because their
homes are not "fixed". Many nomadic Romani,
Gypsy and Traveller communities in a number of
European Union Member States suffer similar treat-
ment as a result of having no fixed or permanent
home and postal address.
61. The lack of recognition of traditional Romani
marriages is a problem in some countries. This has
30
The Situation of Roma in an Enlarged European Union
75 See for example, Zoon, Ina, On the Margins: Roma and Public Services in Romania, Bulgaria and Macedonia, New York: Open
Society Institute, 2001, pp.32-34.
led to a range of disadvantages, including the
inability to collect pensions and to visit spouses in
prison or in hospital.
62. Usury is also widespread in impoverished
communities in some EU Member States, and usury
has deepened the cycle of poverty of many Romani
communities. Some commentators have argued
that usury has become more severe recently, that
interest rates have increased to 100% or more, and
that violence or threats of violence in the context of
debt collection is more frequent than previously.76
For long periods of time, usury was more or less
ignored by criminal justice authorities, being regard-
ed as a feature of Romani and other marginalised
community life and therefore not a priority for police
attention. Slovak police have recently begun more
aggressively arresting and seeking prosecution of
usurers, and there is scope for involving community
strengthening to combat usury. One such project
has been implemented in recent years in the Czech
city of Ostrava, apparently with some success (see
Text Box 4).
LACK OF PERSONAL DOCUMENTS
AND STATELESSNESS
63. A serious obstacle to the exercise of basic rights
by Roma throughout Europe, as well as their access
to services crucial for social inclusion, is a lack of
personal documents, including but not limited to
birth certificates, personal identity documents, local
residence permits, documents related to state-pro-
vided health insurance and social welfare, and pass-
ports. There are also problems in a number of
countries related to the fundamental status of indi-
viduals; a number of Roma have not managed to
secure citizenship in Member States, and some
Member States operate residence permit regimes
which have the effect of perpetuating the social
exclusion of Roma and others.
64. For example, a large number of Roma in Slo-
vakia are unable to access a range of basic servic-
es crucial to fundamental economic and social
rights because they lack a residence permit in the
place of their actual residence. In order to secure
legal permanent residence in a given municipality,
an individual must usually produce a valid identity
document, as well as papers confirming the individ-
ual's right to use the flat or other habitable rooms,
or the written approval of the flat’s owner or pri-
mary tenant. Due to the fact that many Roma live in
informal settlements where these conditions can-
not be met, as well as due to a range of other fac-
tors, many Roma either do not have a residence
permit at all, or have a residence permit only in their
town of birth. As a result, large numbers of Roma
have no access to basic public services, or only
31
The Situation of Roma in an Enlarged European Union
76 Novák, Karel, "Lichva jako prirozeny jev", available on the Internet at www.clovekvtisni.cz/romske_projekty/lichva.htm.
TEXT BOX 4. Community Project to Combat Usury.
The Czech organisation Life Together has devel-
oped successful projects related to combating
usury in Romani communities. The "Roma Police
Assistants Project" was started in order to:
• Help loan shark victims seek police aid
• Prepare the police to work professionally with
loan shark victims among the Roma
• Bridge mutual distrust between police and
Romani communities, as well as to open up
the police to the idea of employing Roma
within the police force
• Raise the expectations of the Romani
community for quality police servicing.
The project began from an appeal in Spring 2002
with a group of about fifty Romani women who
were caught in an impoverishing, humiliating and
violent debt trap.
Of the fifty women who approached the organ-
isation Life Together for assistance in combating
usury, five decided to stand together against the
loan sharks. This created an unprecedented
change in the community. The loan sharks were
challenged for the first time, responded initially
with threats, but later became unsure and violence
was avoided. Two of the women concerned decid-
ed to help other victims by providing them with
psychological aid and by working as police assis-
tants for this NGO. Their public honour is ensured
by working transparently and by not informing
police who the loan sharks are. They support vic-
tims who wish to file complaints to the police con-
cerning usury. The community perceives them as
police assistants working for the benefit of the vic-
tims, and not as "police informers".
Further information on the project is available
from vzajemne.souziti@tiscali.cz.
extremely limited access to such services.
65. In some instances, local officials in Slovakia
have struck Roma from the municipal register. For
example, on June 28th, 2001, the local council of the
town of Letanovce adopted Resolution
21/28.6.2001, "terminating the permanent residence
of the citizens living in the Gypsy settlement
Letanovce from August 1, 2001." Despite the inter-
vention of the Slovak Government's Plenipotentiary
for Roma Communities, as well as review by a parlia-
mentary committee, the local council refused to
strike down the act. A court subsequently annulled
the act, but as of October 2003, approximately 60
Roma in the Letanovce settlement lacked permanent
residence there, despite the fact that many of them
were born there. Similar cases have occurred in the
Czech Republic and Hungary.
66. In extreme cases, Roma lack citizenship, and
the very worrying phenomenon of statelessness has
arisen among Roma in some countries.77 In the con-
text of the breakup of Czechoslovakia in 1993, for
example, rather than making Czech citizenship avail-
able to all former Czechoslovak citizens, the Czech
Act on Citizenship awarded citizenship to those who
had Czech, as opposed to Slovak republic citizen-
ship, a previously meaningless administrative desig-
nation provided under a 1969 law. Those former
Czechoslovak citizens who had not been automati-
cally awarded citizenship were entitled to apply for it,
but were required to meet the condition that they
had been permanent residents of the Czech Repub-
lic for at least two years and that they had not been
sentenced for a crime in the previous five years.
67. As a result of the Act, thousands of people
with Slovak republic citizenship who had lived all or
most of their lives on the territory of the Czech
Republic, found themselves officially ineligible for
Czech citizenship either as a result of a criminal
record or because their real residence was not
matched by official residence documentation. The
vast majority of those excluded from Czech citizen-
ship were Roma, and indeed many commented that
the law was designed precisely for the purpose of
trying to force Roma in the Czech Republic to go to
Slovakia. The worst elements of the Act were
removed through legal amendments in 1999, but
researchers have noted that in practice access to
Czech citizenship frequently remains blocked for
Roma, and that there is still a range of consequent
effects in key areas of social inclusion policy includ-
ing education, housing and social assistance.
68. Statelessness and lack of documents among
Roma have not been confined to new Member
States. Instances of the phenomenon of stateless-
ness have been reported among Sinti and Roma in
Germany since World War II until recent years.78
Moreover, many long-term resident Roma in Ger-
many hold only a temporary status called "tolerated"
("duldung"). A "duldung" is not a residence permit –
it is merely a stop on expulsion, and it must be
renewed at frequent intervals, in some instances
after only several weeks.79 Members of the same
family are often provided with "duldung" status for
different periods of time, meaning that a head of
32
The Situation of Roma in an Enlarged European Union
77 The principle that statelessness is anathema has been repeatedly affirmed by the international community. Article 24 of Inter-
national Covenant on Civil and Political Rights (ICCPR), addressing the rights of children, stipulates that "[e]very child has the
right to acquire a nationality." The Convention of the Rights of the Child (CRC) states at Article 7: "The child shall be registered
immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible,
the right to know and be cared for by his or her parents [...]" A number of international legal instruments address the issue of
statelessness exclusively. The Convention on the Reduction of Statelessness includes a number of provisions aiming to prevent
statelessness as a result of loss of nationality due to any change in the personal status of an individual.
78 Citizenship laws in Germany were until 1999 based solely on descent and included no provision for the acquisition of citizen-
ship through birth on German territory, and cases of statelessness were reported regularly.
79 A number of international monitoring bodies have expressed concerns at the treatment of non-citizens in Germany. For exam-
ple, the UN Committee against Elimination of Racial Discrimination has expressed concerns about absence of any protection
accorded to de facto minority groups resident in Germany for long periods of time (see CERD/C/338/Add.14, 10 August 2000).
The Council of Europe's European Commission against Racism and Intolerance (ECRI) noted that around nine percent of the
entire population (c. 7,000,000 persons) do not have German citizenship and called for regularisation of the status of long-term
foreign residents (see Council of Europe's European Commission against Racism and Intolerance, Second Report on Germany,
adopted on 15 December 2000 and made public on 3 July 2001, p. 9).
80 Mihok, Brigitte, Zurück nach Nirgendwo. Bosnische Romaflüchtlinge in Berlin, Berlin 2001, p. 76.
household may be almost constantly queuing for
renewal of the status for various members of fami-
ly.80 The "duldung" status frequently includes
restrictions on freedom of movement, access to
employment and various forms of social assistance,
although provisions vary from state (Land) to state.
69. There are no publicly available figures on the
total number of Roma who are in possession of "dul-
dung" status in Germany. In 2002, the number of
people with “tolerated” status was around 227,000,
of whom 146,838 had been living in Germany for at
least five years and 78,487 for more than ten years.
In many cases, children with “duldung” status speak
fluent German and their language of primary educa-
tion is German. Exclusionary practices with respect
to Romani migrants have also been documented in
Austria, whilst a lack of documents is also a serious
problem among Roma in Greece.81
70. Exclusionary obstacles created by lack of
documents can be daunting and in many instances
the lack of one document can lead to a "chain reac-
tion" in which the individual is unable to secure fur-
ther documents. This problem is rarely addressed
systematically by government policy, and Member
State governments should carry out a “discrimina-
tion proofing” of their citizenship procedures to
ensure that they comply both with the EU principles
of non-discrimination and are within the scope of
international conventions on the treatment of tem-
porary and permanent residents.
GENDER ASPECTS OF THE SITUATION OF ROMA
71. Perhaps the only area in which EU guidelines on
data collection and the use of indicators acknowl-
edges the value of monitoring policy impacts on eth-
nic groups is where these require the provision of
data on women belonging to such groups. Thus,
whilst the possibility of collecting policy-related data
on ethnic groups is recognised by the EU, it is not
specified explicitly in the same way as is the need to
monitor gender.82 It is therefore ironic that statistical
data on the situation of Romani women in the social
inclusion sectoral fields is particularly weak. These
lacunae are all the more significant because the
handful of studies available demonstrate that
Romani women face even more difficulties than
both Romani men and women of the majority com-
munity in accessing education, employment, health
and other services necessary for full social inclusion.
72. According to a number of reports, a signifi-
cant proportion of Romani women are unem-
ployed.83 A disturbing feature is the reported high
level of unemployment among particularly vulnera-
ble women such as single mothers, widowed
women and victims of domestic violence.84 In the
absence of suitable employment opportunities,
Romani women in several countries including Bul-
garia, the Czech Republic and Slovakia have
engaged in prostitution. Concomitant with this is the
problem of trafficking of Romani women, an issue
that has not yet received sustained interest from
international organisations and national govern-
ments. That said, it is imperative that anti-trafficking
measures do not feed into widely-held stereotypes
about Romani criminality.
73. Field monitoring, however, also indicates that
Romani women are in many instances the primary
breadwinner in a family, often working at three or four
jobs in the ‘gray’ economy in order to support fami-
lies. Some such activities include door-to-door sell-
ing, domestic work, making traditional handicrafts
and agricultural work. Exclusion from the formal
labour market is particularly widespread in places
such as the Czech Republic where an exclusionary
citizenship law continues to have negative effects on
the ability of Roma to fully participate in society.
Women working primarily in the gray economy are
very frequently excluded from a range of protections
such as maternity benefits, pensions and medical
leave, and they are very vulnerable to exploitation.
33
The Situation of Roma in an Enlarged European Union
81 See European Roma Rights Center and Greek Helsinki Monitor, Cleaning Operations: Excluding Roma in Greece, Country
Reports Series No. 12, April 2002.
82 For example, goals of European Union social inclusion policies include the promotion of "the social integration of women and
men at risk of facing persistent poverty, for example because they have a disability or belong to a group experiencing partic-
ular integration problems." (see European Union document, "Fight against poverty and social inclusion -- Definition of appropri-
ate objectives", Brussels, 30 November 2000, emphasis added).
83 See for example "Vyzkum interetnickych vztahu: zpráva", Brno: Masarykova Univerzita, 2002, p. 45.
84 Presentation by Jennifer Tanaka on the Romani Women’s Employment at the World Bank/Open Society Institute Roma
Women’s Forum Budapest, June 29, 2003 (on file with ERRC).
74. Extending micro-credit to women has been
seen as one possible strategy for improving their
economic independence. As the Committee on
Equal Opportunities for Women and Men of the
Council of Europe’s Parliamentary Assembly notes
“existing micro-finance schemes show that women
as a rule are better than men at repaying loans,
especially in the context of schemes based on a
group or on mutual solidarity. In addition, it appears
that loans to women have a greater knock-on effect,
as women see to it that children benefit from the
increase in the mother’s income.”85
75. Although the “increased schooling of moth-
ers has a measurable impact on the health of their
children, on the future schooling of the child, and on
the child's adult productivity”,86 research shows that
much needs to be done to ensure the full and com-
plete access of Roma girls to education.
76. For example, in the Suto Orizari muncipality
in Macedonia (the biggest Romani community in
Macedonia), while school participation of Romani
girls and boys in primary school is almost equal in
the lower grades, girls are obliged to help in the
house or to get married at very young ages (from
12-17 years) and, as a result, often drop out in the
higher grades.87 Moreover, “a Romani girl who lives
in the ghetto, like her parents and grandparents
before her, knows no other life. Everyday she
meets people who did not go to school or did not
finish and people who are unemployed or perform
unskilled jobs”.88 Thus, in the absence of positive
role models and mentors, under the weight of tra-
ditions rooted in patriarchy, coupled with the broad
issue of racial discrimination, Romani girls remain
seriously handicapped from participating fully in,
and enjoying the benefits of, education. It is argued
that desegregation of schools and interaction with
people from diverse backgrounds is one way of
breaking this cycle of disadvantage.89
77. In the healthcare arena, the ROMEUROPE
programme (1998-2000), promoted by Médicos del
Mundo and co-funded by the European Union, car-
ried out two empirical studies - both sociological and
quantitative - in three of the countries that participat-
ed in the project (France, Spain and Greece). The data
on the health of socially excluded Romani women
show a high number of natural abortions, the lack of
contraception (65%) and extremely high rates of child
(2.35%) and neonatal (2%) mortality, which is eight
times higher than that of the general population.90
78. A cross-cutting theme that has emerged from
research in various countries is the extent of discrim-
ination Romani women face in accessing health
services. In many of the countries surveyed, Roma
perceive strong anti-Romani sentiment on the part of
health service providers, so they do not access med-
ical services unless there is a life-threatening emer-
gency. It appears that this issue may have a greater
impact on Romani women than on men.
79. Romani women also often fall victim to
domestic violence. It is only very recently that gov-
ernments in many of the countries studied have
acknowledged the problem of domestic violence
generally. For instance, the International Helsinki
Foundation of Human Rights records a lack of shel-
ters and a lack of professionals - including police,
doctors and social workers - trained to deal with vic-
tims of domestic violence in the Czech Republic.91
Given the distrust of public officials among Romani
women, it is unlikely that even where shelters are
34
The Situation of Roma in an Enlarged European Union
85 Committee on Equal Opportunities for Women and Men “Women and micro-loans” para 41, 42, Doc. 9696 (13 February 2003)
available at http://assembly.coe.int/Documents/WorkingDocs/doc03/EDOC9696.htm (last visited on April 2 2004).
86 Ibid.
87 Zaklina Durmis’s presentation on Romani Women’s Employment at the World Bank/Open Society Institute Roma Women’s
Forum Budapest, June 29, 2003 (on file with ERRC).
88 Kalinka Vasileva’s presentation on Romani Women’s Employment at the World Bank/Open Society Institute Roma Women’s
Forum Budapest, June 29, 2003 (on file with ERRC).
89 Ibid.
90 Lamara, Farid: L’accès aux soins et à la santé de populations Rom/Tsiganes migrantes en situation de grande exclusion dans trois
pays d’Europe. Espagne, France, Grèce. Médecins du Monde. Paris, 1999 and Gilg, Anabelle: Données médicales et socio-
démographiques: les populations Roms/Tsiganes migrantes en situation de grande exclusion dans trois pays d’Europe - Espagne,
France, Grèce. Médecins du Monde. Paris, 1999.
91 Quoted in "Romani Women from Central and Eastern Europe: A ‘Fourth World’, or Experience of Multiple Discrimination"
(Refugee Women's Resource Project, March 2002) p.98.
established, Romani women will have complete
access to them, unless supported by other positive
measures. The EUMC report on the state of Romani
women’s health recommends greater co-ordination
with Romani women’s NGOs and training for health
mediators as some of the strategies that govern-
ments can adopt to deal with domestic violence.92
80. Finally, the separate or non-treatment of gen-
der and race in many systems of data collection
undermines governmental policies on Roma. Gov-
ernment policies, often developed by reference to
these statistics, frequently fail to address the dou-
ble discrimination faced by Romani women. Most
government policies on Roma are silent on the
issue of gender equality, or include only inadequate
provisions. Where gender matters are addressed in
policies, they are frequently confined to issues relat-
ed to marriage, the use of contraception or parental
responsibility. Government strategies are essential
to improving the situation of Romani women, how-
ever, and governments should incorporate a gender
perspective into their Roma strategies, building
upon accurate research which better identifies
women’s interests and the issues that affect them,
beyond the traditional role of maternal caring.93
POLICIES ADDRESSING TRAVELLER
COMMUNITIES AND INDIVIDUALS
81. In countries where Roma are nomadic, there
have often been failures to provide adequate serv-
ices, particularly in the fields of housing, education
and healthcare. Some countries have compound-
ed this policy failure by adopting other policies that
have a detrimental effect. For example, in Ireland
and Greece, trespassing is a criminal offence and
nomadic Roma or Travellers may be disproportion-
ately affected by trespass laws because of parallel
failures to provide legal halting sites. Commenting
on similar practices in the United Kingdom, Euro-
pean Court of Human Rights Judge Bonello noted:
"Here, we are confronted with a situation in which
an individual was 'entrapped' into breaking the law
because a public authority was protected in its
own breach."94
82. Under a new U.K. 2004 Bill (The Planning and
Compensation Bill) it will be possible for planning
authorities to serve "temporary stop notices" for
development that has no planning consent. There is
particular concern because there is documentary
evidence to indicate that Gypsies in Britain are
refused planning permission for new developments
far more often than non-Gypsies.95 Even where site
provision is made available for nomadic communi-
ties, facilities (especially on older sites) are frequent-
ly inadequate in number and substandard in terms
of infrastructural provisions. Moreover, the research
confirmed that in situations where site provision is
made for nomadic communities, the location of
sites is frequently (70%) on marginal land, and
some public sites are in potentially dangerous envi-
ronments. One such site in west London was built
in 1974 directly under a raised motorway complex.
83. A number of persons surveyed for this
study noted that in addition to violations and social
exclusion suffered as a result of forced eviction,
the repeated appearance of media articles on the
local expulsion of nomadic Romani and Traveller
groups often significantly heightened anti-Romani
sentiment and exacerbated a vicious circle where-
in policy makers were subsequently unable to
implement site provisions for nomadic Roma and
Travellers locally.
84. In France, Travellers are required to procure a
"travelling permit", which paradoxically imposes an
obligation on one ethnic group for what is a general
right, the right to freedom of movement. Further-
more, there are some concerns that even non-
nomadic Roma may be required to procure such a
permit in some areas and a number of rules relating
to the necessity of having a permanent address in
order to vote preclude many Travellers from being
able to exercise the right to vote. Very few officially
provided sites in France include adequate provision
of water, electricity and other basic services. Finally,
35
The Situation of Roma in an Enlarged European Union
92 European Monitoring Centre on Racism and Xenophobia, "Breaking the Barriers - Romani Women and Access to Public Health
Care", Vienna, 2003, pp. 63-64.
93 Ibid.
94 Separate opinion of Judge Bonello, Chapman v. The United Kingdom, Application no. 27238/95, Judgment on merits, 18 Janu-
ary 2001.
95 See Morris, Rachel and Luke Clements, At What Cost: The Economics of Gypsy and Traveller Encampments, Bristol: The Policy
Press, 2002.
Travellers experience obstruction because of oppo-
sition by local authorities when trying to purchase
land, and, if successful, frequently experience diffi-
culties in securing provision of water, electricity,
waste removal and other publicly provided services.
85 . There is a danger that policies addressing
nomadism may be applied to Romani communities
regardless of whether they are nomadic or not. For
example, a joint ministerial decision of the Ministers
for the Interior and of Health of Greece, entitled
"Sanitary provision for the organised relocation of
wandering nomads"96 and providing regulations on
site provisions, has reportedly been used repeated-
ly to expel Roma from municipalities. Some Roma
have even been criminally prosecuted for infringing
the Sanitary Provision.97
36
The Situation of Roma in an Enlarged European Union
96 Ref. No. A5/696/25.4-11.5.83.
97 Systemic violations of the right to adequate housing for Roma is currently the subject of a collective complaint against Greece
by the European Roma Rights Center before the European Committee of Social Rights under the European Social Charter.
1. This section of the report identifies themes
emerging from Chapter 4, which are factors in either
the success of policies addressing Roma integra-
tion or factors in their failure. These themes are then
used in Chapter 6 to detail recommendations for the
attention of the European Union, Member States
and civil society actors.
MINORITY RECOGNITION
2. Issues of minority ethnic status and recognition
of Roma and other groups perceived as "Gypsies"
continue to challenge a number of Member States,
including but not necessarily limited to, France,98
Germany,99 Greece,100 the Netherlands101 and Slova-
kia and, as noted above, Ireland. Even some coun-
tries with extensive minority rights protection
systems, such as Hungary,102 continue to withhold
certain key elements of minority rights where Roma
are concerned. There is a pressing need to provide
full recognition to Romani and other similarly situat-
ed minorities in all Member States, new and old,
without arbitrary limitation.
LACK OF STATISTICAL DATA ON ROMAX
3. There is an almost complete lack of official, pub-
licly available and reliable Roma-specific data of rele-
vance to EU social inclusion and anti-discrimination
policy. In some countries, there is a significant mis-
conception among researchers, as well as policy
makers and government officials, to the effect that
collecting data on Roma, and other ethnic minorities,
violates data protection laws and would therefore not
be legal.103 In its data protection rules, however, the
EU has consistently affirmed that such rules apply to
personal data, not to aggregate data about groups,
nor data disaggregated by ethnicity or other criteria.104
A number of international monitoring bodies have
both generally called for the provision of data on the
situation of weak ethnic groups as well as repeated-
ly called on states -- including European Union Mem-
ber States -- to provide statistical data on the situation
of ethnic groups in various sectoral fields.105
4. As part of European Union social inclusion
processes agreed at the Lisbon European Council in
2000, governments should provide data relating to
37
The Situation of Roma in an Enlarged European Union
5. POLICY CHALLENGES
98 France does not legally recognise the existence of minorities on French territory, nor guarantee any minority rights.
99 For the purposes of minority rights, Germany recognises only "German Sinti and Roma", excluding therefore Roma of foreign
birth from minority rights protections.
100 Greece had not ratified the Framework Convention for the Protection of National Minorities as of February 2004, and the Greek
government has on a number of recent occasions indicated that it questions the idea that Greece is a multicultural society. For
example, see (European Commission against Racism and Intolerance (ECRI), Second Report on Greece, CRI (2000) 32, Adopted
on 10 December 1999, available at: http://www.coe.int/T/E/human_rights/Ecri/1-ECRI/2-Country-by-country_approach/Greece/.
The government’s statements can be found in the annex to the report.)
101 As of February 2004, Netherlands had not yet ratified the Framework Convention on the Protection of National Minorities,
despite having signed the Convention in 1995.
102 Although Hungary provides extensive guarantees for (non-migrant) minorities, as of Autumn 2003 Hungary had failed to include
7 of its 13 officially recognised minorities (including Roma) on lists of recognisedminorities for the purposes of the European
Charter on Regional and Minority Languages.
103 For example, in its response to the Opinion of the Council of Europe's Framework Convention on the Protection of National
Minorities Advisory Committee, the German Government stated that "Germany could not consider collecting any such data due
to basic legal considerations" (Comments by the Federal Republic of Germany on the Opinion of the Advisory Committee on the
Framework Convention for the Protection of National Minorities, Opinion on Germany (19th July 2002), reference GVT/COM/INF/
OP/I(2002)008), Section III, Re Art. 3, number 75.
ten "primary indicators" and eight "secondary indica-
tors".106 Although data protection rules should in prin-
ciple allow the collection and publication of data
disaggregated by ethnicity, provided it cannot be
linked to any particular individual, EU data frame-
works to date have not specified indicators of social
exclusion impacts on ethnic groups.Thus, for exam-
ple, the European Commission publication "Euro-
pean Social Statistics: Income, Poverty and Social
Exclusion" includes no data on the situation of minor-
ity groups, including Roma, or the impact of socially
exclusionary forces on specific ethnic groups.107 The
more recent Commission publication "The Social Sit-
uation in the European Union 2003", although also
providing statistical data on social exclusion, is simi-
larly silent on matters related to the impact of racial
discrimination.108 The Statistical Annex to the 2003
"Commission Staff Working Paper 'Draft Joint Inclu-
sion Report'", although including data and "new" indi-
cators going beyond the 18 social exclusion
indicators adopted at the Laeken European Council
in December 2001, likewise includes no framework
for the provision of data by ethnicity.109 The Commis-
sion has itself noted the need to develop data and
indicators in the Lisbon areas.110
5. The Commission has raised the issue of col-
lecting ethnicity data with Member States, but was
unable to convince national statistical offices that
this was necessary and feasible. National statistical
offices have therefore taken various approaches to
the collection of ethnicity data, with many ignoring
the issue whilst some have taken steps to improve
the situation. For example, the UK Office of Nation-
al Statistics has recently published two relevant
documents: Focus on Ethnicity and Identity and Eth-
nic Group Statistics: A guide for the collection and
classification of ethnicity data.111 Recognising the
issue as one of importance, the Directorate General
of Employment and Social Affairs of the European
Commission has, however, commissioned an inter-
national study, detailing different methodologies for
the collection of ethnicity data, which it can then
share with Member States. Furthermore, it has initi-
ated a Working Group to discuss barriers to data
collection on ethnicity at a European level and to
explore possible ways forward. In this context, the
Directorate General is planning a European confer-
ence on data collection by the end of 2004. At the
same time, it should be noted that although the
Commission itself collects data on its own employ-
ees’ nationality and gender, it still does not collect
data on its ethnic composition and is therefore
unable to provide information on the degree of rep-
resentation of ethnic minorities among its own staff.
6. Moreover, a general lack of statistical data on
the situation of Roma in key sectoral fields makes
the design, monitoring and evaluation of policy and
programmes, particularly in relation to anti-discrimi-
nation and social inclusion, difficult if not impossible.
The problems associated with the lack of statistical
data on Roma are key issues throughout this report.
There is a need to clarify the scope of data protec-
tion regulation and to emphasise the need to provide
data disaggregated by ethnicity (always to be specif-
ically inclusive of Roma) in the fields of relevance to
social inclusion policy.
38
The Situation of Roma in an Enlarged European Union
104 Most recently, Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 "on the protec-
tion of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free
movement of such data" states: "(a) ‘personal data’ shall mean any information relating to an identified or identifiable natural
person hereinafter referred to as ‘data subject’; an identifiable person is one who can be identified, directly or indirectly, in par-
ticular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental,
economic, cultural or social identity".
105 For a summary of such calls for statistical data, see Goldston, James A., "Race and Ethnic Data: A Missing Resource in the Fight
against Discrimination", in Ethnic Monitoring and Data Protection: The European Context, Budapest: CPS Books, Central Euro-
pean University Press -- INDOK, 2001.
106 See European Union Social Protection Committee, "Report on Indicators in the field of poverty and social exclusion", October
2001.
107 European Commission, Eurostat, "European Social Statistics: Income, Poverty and Social Exclusion", Detailed Tables, European
Communities, 2000.
108 European Commission, Directorate General for Employment and Social Affairs, "The Social Situation in the European Union
2003", Office for Official Publications of the European Communities, 2003.
109 (COM(2003)773 final)
7. One way of stimulating the collection and
publication of such data would be to further speci-
fy the indicators necessary for the development of
social inclusion policies. Under the Lisbon Process,
the primary and secondary indicators, while provid-
ing an important basis from which to work, are not
yet fully developed so as to provide the data
required for adequate policy-making. Areas in need
of elaboration include:
i) expansion of the indicators to all areas of social
inclusion policy, such that the focus on poverty
and employment is matched by similar detail in
areas including education, housing, healthcare,
social protection and access to justice;112
ii) sharpening the existing indicators and develop-
ing new indicators to better measure the impact
of racial discrimination and other exclusionary
forces affecting ethnic, minority and other weak
groups;
iii) developing indicators of more relevance to
Roma, such as for example, "segregation indices"
for education, housing and healthcare, etc.
8. The current gap in race-specific statistical data
deprives policy makers of a clear and justifiable basis
for action. It also deprives the public of important
information about the societies in which Europeans
live, and might lend credibility to those who deny
that race is a factor in public life or that discrimina-
tion exists. Data, particularly where such data indi-
cates serious disparities, can be among the most
powerful tools available for ensuring policy efficacy,
facilitating social change and guaranteeing race
equality. Without such statistical data, little concrete
information exists which might motivate change.
9. It is recognised, however, that there is also a
need to reassure some ethnic groups about the pur-
pose of collecting data as in some quarters there
remains a fear that such collection could be used as a
basis for further discrimination. Thus, whereas in Ire-
land Travellers successfully lobbied the government
to include a Traveller category in the national census,
a move that resulted in official estimates of the num-
ber of Travellers in Ireland being raised, in Slovakia
minority ethnic groups, concerned about the use of
personal information, supported the introduction of
Act. No. 428 of July 3, 2002 on Protection of Personal
Data. The law establishes the Office for Personal Data
Protection to provide a higher degree of protection
than previously to the subjects of data collectors.
Given the partially subjective nature of ethnicity, confi-
dence should be built up by allowing ethnic minorities
to identify themselves, rather than have national or
local authorities define ethnicity and collect ethnicity
data without reference to the groups concerned, and
to allow access to all personal data held.
10. In summary, whilst it is recognised that the
European Commission is taking steps to improve
the extent of ethnicity data collection within Mem-
ber States, further guidance on the scope of data
collection, and the methodologies to be employed,
is required. This should include the specification of
impact indicators relevant to ethnic minorities,
including Roma, within sectors relevant to social
exclusion, and the collation of ethnicity data at the
EU level. It would also be helpful if the Commission
started to monitor its own ethnic composition so as
to facilitate compliance with its own Race Directive.
Despite this recommendation, lack of data should
not be seen as an excuse for inaction in the devel-
opment of Roma-specific policies within the EU and
across Member States. Rather, it is that continuing
efforts to improve data sets should lead to increas-
ingly targeted and effective policies.
INADEQUACY OF POLICY RESPONSE
11. In the field of social inclusion policy, although
those new Member States with significant Romani
populations did name Roma explicitly as a target
39
The Situation of Roma in an Enlarged European Union
110 For example, the "Commission Staff Working Paper: Progress Towards the Common Objectives in Education and Training: Indi-
cators and Benchmarks" states: "Indicators and benchmarks are essential for the implementation of the open method of co-
ordination and for the success of the Lisbon strategy. Without valid and comparable data, Member States will lack information
on how their actions support the attainment of the Lisbon objectives by 2010. However, there is an urgent need to improve the
situation in order to make the necessary data and indicators available." (See Commission of the European Communities, "Com-
mission Staff Working Paper: Progress Towards the Common Objectives in Education and Training: Indicators and Benchmarks",
Brussels, 21.1.2004, SEC(2004) 73).
111 It is to be noted, however, that Gypsy/Roma/Traveller groups were not included in the UK census of 2001, apart from Northern
Ireland which included a ‘Traveller’ category.
112 Some of these areas are currently addressed by the Indicators, but not to the level of detail provided in other areas.
group for their social inclusion policies, in the old
Member States only five countries out of fifteen (Fin-
land, Greece, Ireland, Portugal and Spain) have to date
named Roma as a target group within their National
Action Plans. Roma are not cited in the National
Action Plans of Austria, Belgium, Denmark, France,
Germany, Italy, the Netherlands, Sweden and the Unit-
ed Kingdom, although reports from all of these coun-
tries indicate that Roma are in need of targeted policy
actions aimed at social inclusion and eliminating dis-
criminatory practices. Moreover, some groups suffer-
ing discriminatory treatment as "Gypsies" or similar –
such as Travellers in the Republic of Ireland113 – are not
yet fully covered by the ban on discriminatory treat-
ment on grounds of race or ethnic origin.
12. In situations in which the needs of a minority
have been identified clearly, it is often the case that
the level of policy response is inconsistent with the
level of assessed need. For example, in the United
Kingdom, the Office for Standards in Education
(OFSTED), published two reports on the education of
Roma, Gypsies and Travellers (1996 and 2003) in
which it was estimated in both reports that as many
as 12,000 such pupils were not even registered with
schools. Although some actions have been taken fol-
lowing the 2003 report, there was little significant
action following the 1996 report.
13. Where Roma-specific policies exist, few
have yet to demonstrate durable impact. Several of
the old Member States began undertaking policies
in the 1980s or even earlier. In some areas, these
have yielded results, but not nearly to the level
required under current anti-discrimination and social
inclusion policy. In Spain, for example, despite a
comprehensive policy in effect since the late 1980s,
where data exists (such as percentages of Roma in
prisons), there are very serious causes for concern
that the policy has not delivered the results sought.
14. Most of the comprehensive government poli-
cies in effect in Central and Eastern Europe date
from no earlier than 1996 (Hungary) and in most
cases were adopted even more recently. To date
they remain under-funded, at very preliminary stages
of implementation, and often resemble more a
menu of desired outcomes than viable and realistic
policies. There also appear universally to be signifi-
cant deficiencies in terms of targets for assessing
the success of existing policies; it is difficult to see
to what standards policy makers aspire in the imple-
mentation of many Roma-related policies.
15. Consultation with Roma and Roma participa-
tion in the design and implementation of policies
intended to benefit them is currently very modest,
where existing at all, and generally hesitant. This sta-
tus quo is in noticeable contrast with well-estab-
lished standard procedures with respect to other
minority cultural and ethnic groups in a number of
European Union Member States.
16. Moreover, EU Member States have in some
cases adopted measures which eliminated previ-
ous gains. In 1994, for example, United Kingdom
lawmakers removed the obligation of municipalities
to provide halting sites for Gypsies and Travellers,
effectively eroding close to three decades of
progress in the area of Traveller accommodation,
education and other positive measures.114
CAPACITY AND WILL AT LOCAL LEVEL
17. A very powerful force for undermining social
inclusion projects targeting Roma is local opposition.
Local authorities frequently use discretionary powers
to block implementation of projects aimed at
improving the situation of Roma. One of the
unsettling developments of 2003 took place in the
Slovak village of Svinia, where in March 2003 the local
council decided in resolution 34/2004 to "approve the
termination of activities currently being carried out in
the village with the organisations Habitat for Humanity
International and the Canadian International
Development Agency." The local council had earlier
voted for changes to a proposed infrastructure
project, the nature of which, it was aware, would
40
The Situation of Roma in an Enlarged European Union
113 One consequence of the failure to recognise Travellers as an ethnic group in Ireland would mean that Directive 2000/43/EC, the
Union's primary document on laws banning racial discrimination would not clearly apply to discriminatory treatment of Trav-
ellers. The Irish government's stance on the issue is in contrast to the government of the UK, excepting Scotland, where simi-
lar groups are recognised for the purposes of UK race equality law. Primary obstacles to the recognition of Travellers in Ireland
as an ethnic group appear to stem from debate as to the origins of Travellers, questions of only tangential relevance to the appli-
cation of equality law and policy. Ironically, in England, Wales and Northern Ireland, ‘Travellers of Irish heritage’ are defined in
law as an ethnic group covered by the Race Relations Acts.
114 Criminal Justice and Public Order Act, 1994.
disqualify it for EU funding available under a Phare
2001 project. With the two decisions, the local council
of Svinia chose to refuse over a million Euro in
infrastructure assistance, rather than assist its local
Romani community. It is unclear what measures can
be employed to overcome local unwillingness to seek
development funding, although it is clear that in
certain contexts, such as where racial prejudice and
segregation is at issue, there is a need to exercise all
available legal sanctions.
18. Local officials in Greece have similarly under-
mined recent efforts by the Greek government to
implement policies on Roma.115 Indeed, information
concerning actions to assist (predominantly or
exclusively non-Romani) earthquake disaster victims
provided in Greece's first National Action Plan to
combat social exclusion contrasts with actions by
Greek authorities to house Roma:
"[...]103 settlements were formed with transferable pre-
fab houses. In less than 4 months, 6,854 such houses
were set up. Three months after the earthquake, no victim
of the earthquake lived under a tent."116
19. These figures are noteworthy because they indi-
cate the capabilities and capacity of the Greek pub-
lic administration under conditions of sufficient
political will and because they provide very precise
data as to numbers of housing units provided to (pre-
dominantly or exclusively non-Romani) earthquake
victims. Despite the existence of two government
policies -- begun in 1996 and 2001 respectively –
aimed at improving the housing situation of Roma in
Greece, no similar data on housing provisions for
Roma has to the research team’s knowledge been
provided by the Greek government.
20. Many persons involved directly with govern-
ment policy-makers and the Phare programme in
Central and Eastern Europe have expressed serious
concern at the capacity of authorities to implement
EU policy well, particularly as structural funding
becomes available following enlargement in May
2004. This is despite the attempt, in Hungary in par-
ticular, to strengthen the representation of Roma
locally through the establishment of Roma local
governments. It is of concern that authorities in the
region may at present lack the capacity to take
advantage of the European Social Fund and the
European Regional Development Fund, particularly
in light of matching funding requirements.
POLICIES DETRIMENTAL TO THE POOR GENERALLY
21. Some EU Member States have undertaken
measures which have had a broadly detrimental
impact on the poor, and as a result, specific impacts
on the disproportionately large segment of the
Romani population represented among the poor and
extremely poor. For example, the dramatic weaken-
ing of the rights of tenants throughout Central and
Eastern Europe, and particularly in Bulgaria, the
Czech Republic, Hungary, Romania and Slovakia, as
a result of changes to the legal framework have
undercut policy measures in other areas. Hungary
must stand here as an example of worst practice. In
May 2000, and in the face of clear indications of high
levels of anti-Romani hostility at local levels, Hungar-
ian lawmakers amended legislation allowing the
notary – an employee of the municipality – powers to
order evictions without a court procedure.117 The
decision ordering the eviction must be implemented
within eight days, and appeals do not involve sus-
pension of the order.
22. Significantly, the amended law includes
provisions to protect evicted furniture, but not
tenants. Although the Hungarian judiciary has
attempted to ameliorate the impact of these rules by
the use of moratoria on forced evictions in winter,
these stop-gap measures have not had a durable
impact overall and Roma have been
disproportionately subjected to forced evictions.118
41
The Situation of Roma in an Enlarged European Union
115 For example, Mr Evangelos Sisamakis, the Mayor of Nea Alikarnasssos, Crete, was reported by the major Greek daily newspa-
per of 27 January 2003 as having stated: "You cannot have a Gypsy settlement next to a basketball court, part of the Olympics
2004 facilities, because Gypsies blemish one’s sense of good taste and, in addition, they deal in drugs… I do not deny that I do
not want the Gypsies in our area."
116 Ministry of Labour and Social Security, Ministry of Health and Welfare, Ministry of Interior, Public Administration and Decentral-
ization, Ministry of Education and Religious Affairs, Ministry of National Economy and Finance, National Action Plan for Social
Inclusion 2001-2003, June 2001, p.48, available at: http://europa.eu.int/comm/employment_social/news/2001/jun/
napincl2001el_en.pdf.
117 The Housing Act 1993/LXXVII, as amended by Act 2000/XLI.
According to one study monitoring the Hungarian
media during the period January 1, 2003 and
November 1, 2003, in 55 percent of eviction or
threatened eviction cases reported, the victims were
identified as Romani, although Roma account for
around 6 percent of the total population of
Hungary.119 Social inclusion is not a realistic objective
unless there is an across-the-board commitment to
bring about systemic change in the current systems.
ROMA AND REGIONAL DEVELOPMENT
23. In a number of areas, especially in Central and
Eastern Europe, Romani issues are particularly
pressing in areas targeted for regional development.
Northeast Hungary, central and eastern Slovakia and
southern Poland are all areas in which, on the one
hand, poverty is widespread and infrastructure is
poor, and, on the other hand, Romani populations
are particularly large. In other areas, such as Miskolc
in Hungary and Ostrava in the Czech Republic, cuts
in subsidies to heavy industries have caused eco-
nomic decline, and these areas too would benefit
from an investment approach that explicitly included
attention to Roma issues.
24. EU programmes – and in particular the Euro-
pean Regional Development Fund (ERDF) – are partic-
ularly relevant for addressing these issues, provided
sufficient funding is earmarked for Roma inclusion in
areas benefiting from such funding. Furthermore, the
Community Support Frameworks for 2004-2006
agreed with the Czech Republic, Hungary, Poland and
Slovakia recognise the importance of Roma issues
and have adopted strategies to combat Roma exclu-
sion. For example, the CSF for the Czech Republic
includes a component addressing Social Integration
and Equal Opportunities, which, with support from
EU structural funds, has the potential to contribute
significantly to improving the situation of Roma. In
the case of Slovakia, the Ministry for Construction
and Regional Development, responsible for the
administration of structural funds, is establishing the
CSF Working Commission for the Development of
Roma Communities in order to take advantage of
potential EU funding. The actions supported by the
structural funds, however, suffer particularly from the
unavailability of ethnic data which may influence the
targeting of the actions and their effectiveness.
25. Nevertheless, as noted earlier, central poli-
cies may be rendered ineffectual by inadequate
commitment and knowledge at local level. There is
the scope for using structural funds for the improve-
ment of capacity at local levels and, for example,
the Czech Republic has agreed a CSF component
for the Development of Human Resources within
the regions. There is no reason why this component
should not be used, inter alia, to train local govern-
ment staff on anti-discrimination and diversity
issues. Separate budgets should be allocated for
the training of local government and NGO staff on
structural fund application procedures.
NON-MEMBER STATES
26. Although this report deals only with the situation
of Roma in the European Union, the linkages
between Romani populations in the Union with
those outside its borders, and the incentives that
exist for migration to the EU, mean that EU policies
designed to address the situation of Roma in the
Union must also consider their situation in the rest
of Europe. This is particularly the case where the EU
manages programmes to prepare states for acces-
sion or where it manages external aid programmes,
both of which might address Romani issues. In such
countries European Union policies influencing
Roma remain underdeveloped and under-imple-
mented. Of particular concern are the countries of
the former Yugoslavia (with the exception of Slove-
nia) and Albania ("Western Balkans").
27. Although the Directorate General for External
Relations finances five projects that target Roma in
the Balkans and Ukraine, worth €2.5m, and seven
minorities projects that include Roma beneficiaries,
worth €7.5m, the scale of the problem is such that
a much larger, multi-national effort is required. More
42
The Situation of Roma in an Enlarged European Union
118 For a non-exhaustive list of forced evictions cases documented by the ERRC with support from the Norwegian Foreign Ministry
and the British Embassy in Budapest, see "Comments of the European Roma Rights Center (ERRC) and the Centre on Housing
Rights and Evictions (COHRE) on the occasion of the Article 16 Review of Greece, Hungary and Turkey under the European
Social Charter supervision cycle XVII-1", December 1, 2003, available on the ERRC Internet website: http://errc.org/publications/
indices/housing.shtml.
119 Data from the European Parliament’s Country Profile on Hungary. Available on the Internet at: http://www.europarl.eu.int/
enlargement_new/applicants/pdf/hungary_profile_en.pdf.
extensive co-financing may be possible in the future
given that the above projects are administered in
co-operation with the Council of Europe, OSCE and
European and local NGOs, and the Directorate’s
programming for 2005/2006 is expected to include
a strong anti-racism and minority protection compo-
nent in the Balkans and other countries.
28. Despite this presence, the situation of Roma
has not in the past been sufficiently emphasised in
European Union policy frameworks. Not only is the
situation in the Western Balkans comparable to that
in Central and Eastern Europe as far as Roma are
concerned, but Roma were ethnically cleansed from
Kosovo by ethnic Albanians following the withdraw-
al of Yugoslav troops from the province and the
return of several hundred thousand ethnic Albani-
ans. To date, despite intense pressure to provide
security in Kosovo for Roma, others regarded as
"Gypsies" and minorities generally, such that returns
may commence, the authorities have not yet man-
aged to provide such security. According to local
authorities, no person has ever been prosecuted for
an anti-Romani or anti-Gypsy crime in Kosovo, and
impunity for racially-motivated violence against per-
sons regarded as "Gypsies" is currently complete.
29. There are large numbers of displaced Roma
(and others regarded as "Gypsies") living in extreme
conditions in Serbia and Montenegro. There are also
many thousands of Romani refugees in countries
such as Bosnia and Herzegovina and Macedonia,
despite the very weak capacity of those countries to
provide effective protection to them. Romani
refugees from Kosovo are scattered throughout
Europe and there are indications that more Roma
and others belonging to groups regarded as "Gyp-
sies" leave, often through clandestine means, than
stay. The Dayton Peace settlement, which ended
the conflict in Bosnia and Herzegovina and provided
for post-conflict administrative arrangements, has
resulted in the structural exclusion of Roma, since
its provisions enshrine tri-partate arrangements for
the three warring groups, to the exclusion of all oth-
ers. For these reasons and others related to the
post-conflict situation, suitable conditions still --
close to a decade after the end of the conflict -- do
not exist for the return and integration of Roma in
Bosnia and Herzegovina. There are also serious con-
cerns related to the situation of Roma in a number
of countries of the former Soviet Union.
30. Due to the proximity of the countries of the
Western Balkans and the former Soviet Union to
the EU, and the fact of flight from ethnic persecu-
tion and extreme poverty, as well as the sheer size
of the excluded Romani communities in these
countries, the scale of financial assistance and the
degree of policy advice offered both need to be
substantially increased.
MIGRANTS AND REFUGEES
30. It is noteworthy that efforts to bring about an ever
closer political and economic union have been
accompanied by ever more stringent measures in
Member States with respect to the treatment of
migrants and rights of migrants and refugees. Of par-
ticular impact on Romani communities have been:
• Racially discriminatory border policies and prac-
tices in a number of Member States (most
notably the United Kingdom);
• Collective expulsions of Roma by the govern-
ments of a number of Member States (and for
which two governments [Belgium and Italy] have
been found in violation of the European human
rights law by the European Court of Human
Rights, or have settled out of court due to immi-
nent findings of violations);
• The erosion of protections for refugees.
31. The Romani population of some Member
States, such as Austria, may be comprised of up to
80% persons who are not the citizens of an EU
Member State. Common countries-of-origin for non-
EU Romani migrants in the European Union include
Candidate Countries Bulgaria, Romania and Turkey,
but especially countries which are not yet candi-
dates for European Union membership, such as
Albania, Macedonia and Serbia and Montenegro,
but are in very close proximity to the European
Union. The continued failure to integrate such per-
sons, who may be long-term residents in a Euro-
pean Union Member State, gives rise to
psychological as well as social and economic harm
to individuals.
32. Finally, there are problematic features to the
EU anti-discrimination law framework as it relates to
non-citizens. In the general provisions of the Direc-
tive, at Article 3(1), the Directive provides that its
scope of application shall be "all persons". However,
Article 3(2) of Directive 2000/43/EC states: "This
Directive does not cover difference of treatment
based on nationality and is without prejudice to pro-
visions and conditions relating to the entry into and
43
The Situation of Roma in an Enlarged European Union
residence of third-country nationals and stateless
persons on the territory of Member States, and to
any treatment which arises from the legal status of
the third-country nationals and stateless persons
concerned." As yet, no body of jurisprudence exists
to indicate how the disparity between the provi-
sions of Article 3(1) and Article 3(2) should be regu-
lated. The friction between these two provisions
gives rise to the concern that individuals may suffer
racial discrimination and not have any recourse if
the discriminator justifies the action on grounds that
the person concerned is a third-country national.
The provision is distinctly at odds with international
human rights law.120
INACCESSIBILITY OF FUNDING
33. The effectiveness of EU policies depends in very
large part on the accessibility of subsequent funding
and there is a widespread belief that, at present, EU
funding is fragmented, complex and is very difficult
to access particularly for civil society actors. More-
over, complexity of funding does not encourage
transparency in the application for, and use of, funds.
It has been observed that Phare has been particular-
ly successful where projects have been designed
with an eye to building stakeholder capacity to work
under future structural funding mechanisms, facili-
tating future access to EU discretionary funds.
THE NEED FOR AN EU ROMA
INTEGRATION DIRECTIVE
34. The scale of problems facing Roma has led
recently to a proposal that the European Union
adopt a Roma Integration Directive. In its "Report
on the Situation of Fundamental Rights in the Euro-
pean Union for 2003", dated January 2004 but only
published on May 26th, 2004, the European Union
Network of Experts in Fundamental Rights recom-
mended the adoption of a "Directive specifically
aimed at encouraging the integration of Roma".121
The EU Network of Experts in Fundamental Rights
was established by the European Commission at
the request of the European Parliament and
charged with monitoring fundamental rights in the
Member States and in the Union. It comprises
leading jurists from all of the EU Member States.
35. In presenting the need for such a Directive,
the EU Network of Experts first notes that, "The
concept of universal service [...] should in particular
take account of the special situation of communi-
ties living in conditions of segregation, isolated
from the rest of the community, especially when
low income forms an obstacle to the use of paid
transport. The case of the Roma presents itself in
those terms in several States”.
36. The EU Network of Experts’ report contin-
ues: "The most important contribution which the
European Community could make to the protection
of minorities, within the framework of its existing
powers, would be the adoption of a Directive specif-
ically aimed at encouraging the integration of
Roma”. The Opinions of the Advisory Committee on
the Framework Convention for the Protection of
National Minorities call into question the inadequa-
cy of Directive 2000/43/EC of 29 June 2000, even
though it protects the Roma against all discrimina-
tion on the ground of membership of an ethnic
group. Detailed reasoning for such a Directive with-
in various sectors such as employment, housing,
education and health follows within the report.
37. Finally, the EU Network of Experts notes that
EU anti-discrimination law does not, at present,
cover issues related to access to personal docu-
ments: "Directive 2000/43/EC does not prohibit dis-
crimination in the issuing of administrative
documents. Such documents, however, are often
required to access certain social benefits that con-
stitute, particularly for marginalised peoples, an
essential aid to integration. This is another reason
why a Directive specifically aimed at Roma is indis-
pensable. Article 13 EC forms the appropriate legal
basis for such a Directive."122
38. The authors of the present report believe there
is sufficient evidence to support the conclusions of
44
The Situation of Roma in an Enlarged European Union
120 See, for example, The International Covenant on Civil and Political Rights (ICCPR),The International Covenant on Economic,
Social and Cultural Rights (ICESCR) and The International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD). Each of these specifies that rights are common to all individuals irrespective of, among other criteria, nationality.
121 European Union Network of Experts in Fundamental Rights, "Report on the Situation of Fundamental Rights in the European
Union for 2003", Brussels, January 2004, p. 103. The full text of "Report on the Situation of Fundamental Rights in the European
Union for 2003" is available on the Internet website of the European Commission's Directorate General of Justice and Home
Affairs:http://europa.eu.int/comm/justice_home/index_en.htm
45
The Situation of Roma in an Enlarged European Union
the EU Experts in Fundamental Rights, and that
without such a Directive, there will not be sufficient
impetus for EU Member States to integrate Roma and
other groups regarded as "Gypsies". It should be
acknowledged, however, that this proposal raises a
number of legal and practical questions. Firstly, to
what extent could the challenges identified be
addressed by better implementation and
enforcement of existing European and national anti-
discrimination legislation? Secondly, is it desirable to
propose or adopt legislation targeting one specific
ethnic minority group, as opposed to a general
framework for equal treatment that may benefit all
minorities? Thirdly, how far is the EU competent to
impose requirements for positive action, taking into
account the jurisprudence of the European Court of
Justice? Should it be that legal opinion is against the
issuing of such a Directive, the inclusion of Roma will
depend upon a series of lesser, but important,
individual initiatives that may collectively, however,
have a similar effect to a Directive, and which are
detailed in the next Chapter.
122 Ibid., pp.102-107.
1. A number of recommendations and outlines for
action have been included throughout the text of
this report, and a summary of the main points for
action follows below. Throughout, it should be
emphasised that, in order for Roma to be effective-
ly included in policy, targeted initiatives are required
at the same time as the inclusion of Roma within
mainstream policies is encouraged. This stance is
taken in the knowledge that mainstream legislation
and policies have in the past not assisted the situa-
tion of Roma in any material way, and that, for a
number of reasons, the group is frequently exclud-
ed from programmes and projects designed to ben-
efit marginalised groups. Moreover, as Romani
women often suffer from double discrimination,
particular attention should be paid to the gender
aspects of policy to ensure that proposals take full
account of the situation of Romani women.
EU LEVEL RECOMMENDATIONS
2. Steerage. A key conclusion of this research study
is that the EU should clearly and explicitly identify
Roma within existing and comprehensive anti-dis-
crimination and social inclusion policies, and not
simply assume that Roma will be effectively cov-
ered by such policies.
3. There is a need for policies to be efficiently
steered by a body with sufficient influence and
authority to ensure that EU departments, Member
State governments and other stakeholders take
decisive action to target Roma integration. The
European Commission should therefore improve
the internal coherence and efficacy of its policies
and action relating to Roma by establishing a stand-
ing co-ordination group on Roma policy, featuring at
a minimum members from DG Employment and
Social Affairs, DG Education and Culture, DG Public
Health, DG Environment, DG Justice and Home
Affairs, DG Enlargement and DG Eurostat, as well as
representatives from relevant funding instruments.
The Commission should consider seriously the
establishment of Roma liaison units or officers
throughout the Commission to ensure that policies
are implemented effectively at all levels. The Euro-
pean Commission should explicitly add Commission
responsibility for Roma issues to the portfolio of at
least one Commissioner, who would also provide a
point of contact for MEPs with responsibility for, or
an interest in, Roma integration.
4. The European Commission could further lead
by facilitating the establishment of a pan-European
steering group on Roma issues involving relevant
EU bodies, relevant Council of Europe bodies, the
OSCE, Member State governments, representatives
of initiatives such as the Decade of Roma Inclusion
and the European Roma Forum, as well as represen-
tatives of relevant civil society organisations should
these organisations consider this to be useful. Such
a body might meet regularly to ensure the cohesion
of Roma-specific policies across Europe, to join
forces on specific initiatives and to ensure a ration-
al division of effort and the avoidance of duplication.
5. These initiatives should actively promote the
participation of Roma in policy-making, implementa-
tion and assessment. Accordingly, the Commission
should make efforts to recruit Roma in its struc-
tures, and to provide training for Roma in EU mat-
ters, including by establishing training programmes
directly inside the EU institutions. This may include
internship programmes within the European Comis-
sion and Parliament as well as in the Delegations of
the European Commission in candidate and other
countries, and in agencies such as the future
Human Rights Agency (and current European Union
Monitoring Centre on Racism and Xenophobia). The
many international organisations funded by the
European Commission should also promote the
inclusive hiring, training and other involvement of
Roma. The goal of all initiatives at EU level should
be to ensure the effective implementation of poli-
cies aimed at improving the material and human
rights situation of Roma in Europe, including the
46
6. CONCLUSIONS, RECOMMENDATIONS, WAYS FORWARD
The Situation of Roma in an Enlarged European Union
Member States and countries beyond the borders
of the EU.
6. Anti-Romani racism. This report refers in vari-
ous places to high levels of anti-Romani sentiment
in Europe. Hostility towards Roma has been repeat-
edly noted as an obstacle to sustaining government
policies on Roma. EU instruments should be used
to raise awareness of the situation of Roma in soci-
ety and to build a pan-European pro-Roma coalition.
At the EU's disposal are the anti-discrimination and
social inclusion action programmes. Beyond this,
the EU should consider focused awareness-raising
campaigns along the lines of European Days and
European Years specifically on the problems of anti-
Romani racism and the current social exclusion cri-
sis facing Roma in Europe, as well as on other
relevant themes.
7. The EU should also encourage Member
States, candidate countries and other countries
where Roma live to undertake such awareness-rais-
ing campaigns. Above all, it is incumbent upon the
political elites of European society, at the local,
regional, national and trans-national level, to speak
out -- and to act -- against anti-Romani racism.
8. Monitoring anti-Gypsyism. Existing European
monitoring bodies should devote explicit attention
to the problem of anti-Gypsyism as a specific form
of racism. There is a need for elaboration and docu-
mentation/research into the specific forms this phe-
nomenon takes, as well as the establishment of
regular monitoring of levels of anti-Gypsyism in par-
ticular states, as well as in Europe as a whole. In
light of the current crisis of anti-Romani sentiment
in Europe, the establishment of a standing body to
monitor and report on developments in the field of
anti-Gypsyism, to be located at a relevant European
institution, should be seriously considered.
9. Roma involvement. The European Union, at
the Tampere summit in December 1999, empha-
sised the need for measures to achieve full equality
of opportunities for minorities. The effective partici-
pation of Roma ought to be ensured at the earliest
stages of policy formation, programme design,
implementation and evaluation. As has been
stressed repeatedly by actors involved both in
implementing and developing projects and policies,
Roma involvement at all stages is key to the real
impact and sustainability of initiatives. The Commis-
sion can play a major role in promoting and estab-
lishing cooperation between those national and
local actors involved in the design and implementa-
tion of programmes and the beneficiaries, including
disadvantaged groups more broadly, and Roma in
particular.
10. One condition for the increased involvement
of Roma in both policy and projects is the capacity
of local groups and organisations to participate
actively. There is an urgent need to empower
Romani organisations and representatives, both
politically and practically, in this field. Existing pro-
grammes under, for example, the European Social
Fund have the potential to include components for
training and the empowerment of Romani groups
and individuals in order for them to become more
active in implementing and shaping policies and
programmes. However, to date, very few projects
have made use of this possibility. The Commission
should also consider the regular allocation of a spe-
cific training budget in order to provide information
on EU policies and the EU's structures and working
methods to the Roma and other minority represen-
tatives. All relevant projects should include clear
guidelines for Roma involvement.
11. Statistical data. The European Union should
continue to address and remedy the deficiencies in its
ethnic data collection frameworks, across those sec-
tors described above. Whilst the attitudes of Member
States to such collection varies, a clear statement
from the Commission on the need for such informa-
tion, and guidance on its collection, would provide a
major incentive for Member States to improve their
performance in this area. It is recognised that the
issuing of such advice will need to await the results of
the research currently being carried out on interna-
tional norms, and the views provided by Member
State representatives at the meeting of the Working
Group on ethnic data collection scheduled for the end
of 2004. Nevertheless, the existence in 2005 of a pan-
European structure for data collection on ethnicity
would be of very great help. At the same time, the
Commission will wish to examine its internal proce-
dures on personnel data collection (gender and
nationality data are collected, but not data on ethnic
origin) and on the recruitment to EU structures of eth-
nic minority representatives, including Roma.
12. Legislation. The Commission has already
launched infringement procedures against a num-
ber of Member States that have failed to transpose
the Race Directive and the Employment (frame-
work) Directive into national law. The Commission
47
The Situation of Roma in an Enlarged European Union
should continue to take the appropriate action in
order to ensure that all Member States transpose
into their domestic law all elements of the Directive.
In assessing full compliance by Member States with
the requirement of transposition, the European
Commission and other EU bodies should take into
account first and foremost the ability of individuals
in reality to have access to justice when they have
suffered racial discrimination.
13. The European Union should adopt, without
delay, criminal law standards in the area of hate
crimes to ensure that race is seen as an aggravating
circumstance under Member State law. The EU
should also amend or clarify Directives such that the
anti-discrimination framework clearly applies to all
persons resident in Member States and does not
arbitrarily allow discrimination on grounds of nation-
ality. The European Union should also strengthen
the legal framework for addressing the specific
impact of environmental harm on ethnic and minor-
ity groups, by including in the draft Directive of the
European Parliament and of the Council on Access
to Justice in Environmental Matters -- as well as in
related rules and policies -- explicit linkages to the
EU anti-discrimination framework, and in particular
to Directive 43/2000.
14. There is a need to consider the adoption of
EU rules prohibiting ethnic and racial segregation in
the fields of, at minimum, education, housing and
healthcare. The Union should investigate further
the development of legal measures in this area,
providing “inter alia” definitions and minimum
measures to combat racial segregation, including
formal monitoring inspections and sanctions. Some
have proposed a "desegregation directive" compa-
rable to the Article 13 Directives relating to race and
employment. This idea merits closer scrutiny and
should be the focus of further research and policy
initiatives. In addition, the authors of this study
believe that the proposed idea of legal measures
binding the Member States to the integration of
Roma deserves full consideration, and that the
European public is owed a well-grounded debate
on the subject. Such a debate should ideally be led
by the European Union institutions, in particular the
European Commission.
15. Social inclusion. Social inclusion of Roma
should be the focus of short-, medium- and long-
term commitment by the European Union, Member
State governments and other stakeholders. The
European Commission should encourage all Mem-
ber States to address Roma, Gypsies and/or Trav-
ellers as a target group for the purposes of their
National Action Plans on Social Inclusion, Lifelong
Learning, Employment and other relevant policy
frameworks. This is considered a valid approach
given that, particularly in the old Member States,
Roma, Gypsies and Travellers are often overlooked,
whilst more visible or vociferous minorities are
often more successful in influencing policy.
16. The European Union should explicitly link the
use of the European Social Fund to the Lisbon agen-
da and, to the extent possible, should amend rules
to permit the use of the European Regional Devel-
opment Fund for projects in the fields of housing
and health and related infrastructure. At the very
least, the ESF and the ERDF should recognise and
publicise the cross-cutting nature of Roma, Gypsy
and Traveller issues, in the same way as gender and
disability are so recognised, so that there is an
increased probability of funds being used for the
benefit of Roma populations. Should a proposal to
include housing and health investments in the ERDF
be rejected, the Fund should examine mechanisms
whereby it can co-finance complementary infra-
structure such as access roads and water and sew-
erage systems. Irrespective of the outcome of
discussions on the scope of the ERDF, attention
needs to be given to the expansion of the DG Pub-
lic Health Community Action Programme, and to the
health problems of marginalised communities,
including Romani communities.
17. Respecting the limits of subsidiarity, the
European Union should explore ways in which
Union education policies and programming can
address the very serious problem of racial segrega-
tion in education and the widespread unequal and
inadequate level of provision for Roma, Gypsies
and/or Travellers.
18. Experience from Phare programmes sug-
gests that in order to have a sustainable impact, it is
important that projects financed in the area of social
inclusion are not stand-alone initiatives working in
isolation from the policy environment, but represent
the operationalisation of policy. In the context of the
decentralised ESF (including EQUAL), ERDF and the
Directorate General of Public Health programmes, it
is therefore essential that EU and national and local
governments work together both to ensure project
targeting and sustainability, and also the collection
48
The Situation of Roma in an Enlarged European Union
and dissemination of results and experiences in
order to be able to inform policy at all levels. Policy
dialogue should therefore be integrated and includ-
ed in the programmes as far as possible, to ensure
the visibility and practical impact of policies. Specif-
ically, programme guidelines should recognise the
marginalisation of Romani populations and encour-
age the inclusion of Romani communities in such
programmes, not neglecting the need to include
Roma in the design, implementation and assess-
ment of such projects and policies.
19. Policy mainstreaming. The term "mainstream-
ing" has been frequently misunderstood as avoiding
specifically targeted groups. Quite the contrary,
"mainstreaming" involves ensuring that all policies
are proofed in advance and regularly assessed in
progress to ensure that their impacts reach identi-
fied, marginalised groups to a level adequate to
need. The European Union can and should work to
foster policy approaches at the Union level, as well
as at the level of the Member States and their
regions, ensuring that policies reach Roma and other
persons regarded as "Gypsies".123 As Commissioner
for Employment and Social Affairs Anna Diaman-
topolou stated at the Budapest Conference on Roma
in 2003, "We will only succeed when Roma issues
are being treated, not just with specific programmes
and actions - important as they are - but also as part
of the framework of European and national policies."
The EU should ensure that all policy stakeholders
understand the concept of "mainstreaming" and act
adequate to the level of need to ensure that all poli-
cies include Roma mainstreaming components.
20. Monitoring and evaluation. There is a press-
ing need to evaluate the impact of EU and national
projects and programmes targeting Roma. Since
what matters is change on the ground, the real
impact of changes in attitudes, actions and policies
needs to be assessed in a way that is both credible
and useful in terms of informing further policy devel-
opments. Only a few EU and national Roma pro-
grammes have moved beyond general aspirations
and have set specific and quantified targets to pro-
vide a basis for monitoring progress. Moreover, in
many cases, there is confusion between monitoring
and evaluation, and the scope of these activities is
either not defined or is unclear. Roma-related poli-
cies and strategies should have a special chapter
which specify the scope of monitoring, such as;
• Set clear benchmarks according to which to
evaluate success or lack of success;
• Allocate funding for monitoring projects by
Romani non-governmental organisations;124
• Provide support for capacity-building of Roma
organisations, so that they will be able to play an
active role in monitoring the implementation of
projects designed to benefit them.
21. The European Union should consider developing
standards and guidelines according to which Mem-
ber States should assess the impact of draft and
existing policies and laws on disadvantaged groups,
in particular ethnic groups. Safeguards should be
introduced to ensure that EU funding is not used to
racially segregate Roma.
22. Human rights monitoring. Commenting
recently on the so-called "Brok Report" ("Report on
the comprehensive monitoring report of the Euro-
pean Commission on the state of preparedness for
EU membership of the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia"125), the European Parliament's
Committee on Citizens' Freedoms and Rights, Jus-
tice and Home Affairs stated that it: "Believes that in
order to tackle the deficit in justice, freedom and
security, ...a culture and process of peer review and
mutual surveillance encompassing all 25 Member
States, in which the European Commission and the
European Court of Justice, backed up by the Euro-
pean Parliament and the Council, would play key
roles, [is required]" and "Identifies a need to develop
49
The Situation of Roma in an Enlarged European Union
123 For extensive discussion of mainstreaming, see "Mainstreaming Equality in European Union Law and Policy-Making", a report
prepared for the European Network Against Racism (ENAR) by Jo Shaw, Professor of European Law, University of Manchester
and Senior Research Fellow at the Federal Trust, March 2004, European Network Against Racism, July 2004.
124 To be effective, monitoring should be as much about the process of preparing, presenting and using a report as about the
report itself. Preparing an effective report requires reporters to think critically, to involve and to draw their information from
communities affected by the problems being monitored, and to formulate their critique in a reasoned and persuasive manner.
And thus it is logical that Roma should take a leading role in articulating and transmitting critiques of the programmes
designed for their benefit.
125 (COM(2003) 675 - C5 - 0532/2003 - 2201/2003(INI))
comprehensive and unambiguous EU justice stan-
dards within the EU, together with systematic
scrutiny and enforcement mechanisms to ensure
their observance [...];"
23. The Committee went on to state that it, "Sup-
ports the governments of all countries concerned in
their efforts to continue a long-lasting and intensive
policy addressing the problems of minorities (espe-
cially the Roma), aiming at their social integration
through access to education, employment and
housing" and "insists that all new Member States
should take care that the EU's anti-discrimination
acquis is fully transposed and implemented in their
legislation". These recommendations have yet to be
fully acted upon. The European Union should
explore expanding the powers of one or more bod-
ies in order to ensure effective compliance with
common human rights standards.
24. EU finance and civil society eligibility. The
use of structural funds in new Member States is a
relatively recent phenomenon and it appears that
these are not yet being fully spent due to the failure
of governments to provide adequate levels of
matching funding. Whilst this situation may well
improve in the future, there is nevertheless a press-
ing need to:
• Make widely available in accessible language to
civil society, the media and other stakeholders
information about structural funding, why it is of
relevance to Roma, and how it can be accessed;
• Foster projects that will facilitate greater input at
the domestic level of civil society and other non-
governmental stakeholders in the design of proj-
ects seeking structural funding.
25. Some EU funding toward civil society is exclu-
sively reserved for international "umbrella of
umbrella" organisations, such as the European Net-
work Against Racism (ENAR), the Anti-Poverty Net-
work, Social Platform, etc. Without prejudice to
these organisations, it may make sense to foster a
Roma-specific "umbrella of umbrellas" organisation.
However, any measure to make EU funding more
accessible to grassroots organisations would be
important, and prior to the establishment of a
Roma-specific "umbrella of umbrellas" other mod-
els aimed at Romani civil society inclusion in EU
policy processes, such as support for smaller, more
localised networks, should be studied carefully.
Ultimately, a combination of approaches may be
worth considering.
26. External relations. The European Union is a
major actor in the development and the promotion
of human rights beyond the borders of the Euro-
pean Union. In the European Union Candidate Coun-
tries, the Western Balkans, and in the countries of
the former Soviet Union, the EU can and should
explicitly target Roma as a component of its devel-
opment and human rights work. For Candidate
Countries to the European Union, the situation of
Roma should be a key component for assessing the
readiness of any given candidate country. Roma
rights should constitute a specific evaluation chap-
ter of regular reports toward accession. Initiatives
such as the Decade of Roma Inclusion offer the
potential to have significant impact in a number of
countries; the EU should play an active role in the
Decade and similar initiatives.
MEMBER STATE-LEVEL RECOMMENDATIONS
27. Minority rights protection and recognition.
Those Member States that have not already done so
should recognise Roma, Gypsies and Travellers as
an ethnic minority, and should waive any arbitrary
criteria excluding segments of the minority for the
purposes of recognition. EU Member States should
also ratify without delay the Framework Convention
for the Protection of National Minorities and the
Charter on Regional and Minority Languages, two
standard-setting Council of Europe instruments.
28. Anti-discrimination law. In the relatively
straightforward area of transposition of the EU anti-
discrimination directives, not only have many new
Member States missed deadlines for transposing
the EU anti-discrimination acquis into domestic law,
but many old and new Member States have, as of
July 2004, failed to transpose all provisions of the
directives, and some have not transposed any. This
serious problem must be swiftly remedied.
29. All Member States should transpose all pro-
visions of the EU anti-discrimination directives as
quickly as possible. In transposing EU anti-discrimi-
nation directives into domestic law, Member States
should provide strong, independent and adequately
funded enforcement bodies in line with the provi-
sions of Directive 43/2000 and with the recommen-
dations of the Council of Europe's European
Commission Against Racism and Intolerance. Mem-
ber States should also ratify Protocol 12 to the Euro-
pean Convention on Human Rights, and should
undertake comprehensive reviews to ensure that no
50
The Situation of Roma in an Enlarged European Union
laws or regulations in effect at national, regional or
local level have indirectly discriminatory impacts on
Roma, Gypsies and/or Travellers.
30. Roma agencies/government structures. Govern-
ments should ensure that all administrative agencies -
including Ministries and other national- and county-
level institutions as well as local authorities, include
bodies charged with ensuring Roma inclusion. Gov-
ernments should consider seriously the establish-
ment of governmental Roma Agencies charged with
ensuring the effective implementation of social inclu-
sion policies targeting Roma. At minimum, ministerial
bodies under the direct supervision of Prime Ministers
should be responsible for steering policies and initia-
tives of various relevant departments.
31. Ethnic Data Collection. Member States
should develop tertiary indicators to register and
assess the impact of racial discrimination and other
exclusionary forces on particular ethnic groups.
Respecting all relevant data protection laws, Mem-
ber States should gather and make public in a read-
ily comprehensible form statistical data on the
situation of Roma, Gypsies and Travellers and other
weak groups in fields relevant to social inclusion
policy, including but not necessarily limited to edu-
cation, employment, healthcare and housing.
32. Social inclusion. Roma (including Travellers
and other groups regarded as "Gypsies") should be a
clearly named priority group with a specific alloca-
tion of annual funding, within the overall social inclu-
sion policy of each Member State. Governments
must lead in ensuring that social inclusion and inte-
gration policies for Roma are translated into practice.
33. National Action Plans should include specific
measures on Roma, Gypsies and/or Travellers under
all relevant sectoral field headings, including but not
limited to education, employment, health care,
housing and social services and assistance. In the
next round of National Action Plans to combat social
exclusion, all Member States should consider nam-
ing Roma (including Gypsies, Travellers and other
groups) as a target group of domestic social inclu-
sion policy.
34. Governments should move away from tar-
geting Roma through a fragmented and disparate
collection of individual projects, lacking sustainable
impact, and adopt an approach whereby the social
inclusion of Roma is a mainstream objective within
existing policies.
35. Member States should sign and ratify all arti-
cles of the Revised European Social Charter, includ-
ing the provisions related to a collective complaints
mechanism, and the European Union should
encourage Member States in this direction.
36. As a key measure for ensuring the effective
realisation of social and economic rights by Roma
and others, all European governments should cham-
pion the adoption of an Optional Protocol to the
International Covenant on Economic, Social and Cul-
tural Rights to facilitate individual and NGO com-
plaints under the Covenant.
37. Policy coherence. In light of the detrimental
impact a number of policy and law changes, as well
as deeper structural changes, have had in recent
years on many Roma, Member State governments
are urged to undertake thorough-going assessments
of all policies related to social inclusion, to determine:
(i) whether policies are socially corrosive generally and
(ii) whether negative impacts are being borne dispro-
portionately by Roma. In light of the issues raised in
the body of this report, there are clearly a number of
areas in which policy and law amendment and reform
are advisable in the very near term.
38. Rights of migrants. Member State govern-
ments can begin to improve the status of migrants
by joining two treaties in whose development they
actively participated: The Council of Europe's Euro-
pean Convention on the Legal Status of Migrant
Workers and the United Nations' International Con-
vention on the Protection of the Rights of All
Migrant Workers and Members of their Families. In
addition, States should review extensively policies
involving border crossing and other issues related
to the border, individual establishment and expul-
sion, to ensure that they conform broadly to Euro-
pean Union social inclusion goals, as well as to
ensure that they are not infected by direct or indi-
rect racial discrimination or are otherwise in viola-
tion of Europe's common human rights standards.
39. Inter-Agency Cooperation. In the field of Roma
inclusion, Member State governments must lead in
policy implementation. However, they should co-
operate more closely with international organisations
and civil society players, forming partnerships which
are dedicated to the promotion of effective change.
CIVIL SOCIETY RECOMMENDATIONS
40. Roma organisations also have a role to play in
advancing their own welfare. This is clearly recog-
nised in the submission dated the 2nd June of the
51
The Situation of Roma in an Enlarged European Union
Roma Network to the Roma Daily News concerning
the outcomes of the April 2004 Conference on
Roma in an Enlarged EU, held in Brussels. Whilst
making a number of recommendations to other
bodies, the Network notes that "Roma must con-
tribute to the removal of prejudices and stereotypes
through active participation and civil rights work in
the societies in which they live". They also note that
"Roma must recognise that not only the majority but
they too are responsible for their future, which they
can and have to influence".
41. Roma are able to do this in a number of
ways. They might participate in single-issue lobby
groups, such as those pressing for increased gen-
der equality, in order to point out the discriminatory
treatment received by Roma which in some cases,
such as that of Roma women, constitutes double
discrimination. All too often, such groups are
unaware of the extremely marginalised position of
Roma, Gypsy and Traveller communities, and may
be prepared to incorporate the Roma case within
their lobby efforts, to mutual advantage.
42. Roma, Gypsy and Traveller leaders might
also pursue, as far as is possible, means of consol-
idating the differing views of Roma groups into a
single, majority voice, to be made known to interna-
tional and national policy-makers, whilst noting the
existence of dissenting views. It may be that the
European Roma Forum, established in 2004, can
fulfil such a role. Both intergovernmental organisa-
tions and non-Roma NGOs need to intensify the
focus on Roma communities in Europe to ensure
that actions and funding programmes are well
informed, appropriate to the needs and increasing-
ly well networked to avoid duplication and clashes
of interest.
52
The Situation of Roma in an Enlarged European Union
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54
The Situation of Roma in an Enlarged European Union
The Situation of Roma in an Enlarged European Union
Luxembourg: Office for Official Publications of the European Communities
2004. 58 pages. 21 x 29.7 cm.
ISBN 92-894-8186-2
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• Go to the Publications Office website http://publications.eu.int/
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